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HomeMy WebLinkAbout04282004HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 28, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS t225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-03-14) 2. 3. 4. 5. 04.023 04.111 04.112 04.113 04.114 04.099 3-4 04.115 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Rev. John Vacchiano - First Church of Nazarene ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a unanimous vote of City Council members (R-03-14) PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation to Employee of the 1st Quarter 2004 B. Civility Month Proclamation C. Nurses Week 2004 Proclamation D. Elder Law Month Proclamation E. Representatives from Indian River County Human Services Regarding County Wide Needs Assessment (letter) F. Presentation by Representatives from the Agency on Aging Request for Participation in Communities for a Lifetime Initiative (letter) G. Presentation by Architect John Dean Future Use of Space for Old Schoolhouse/City Hall Facility 5-18 04.054 19-68 04.116 69~6 04.049 87-94 04.117 95-98 04.118 99-102 04.119 103-112 04.090 113-122 CONSENT AGENDA All items on the consent agenda am considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so mqnest$; in which event, the item will be removed and acted upon separately. A. Approval of Regular Meeting Minutes - 4/14/04 Regular Meeting BJ Resolution No. R-04-16 - Authorizing City Manager to Apply for MPO Enhancement Program (City Manager Transmittal 4/20~04, R-04-16) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR PARTICIPATION IN THE METROPOLITAN PLANNING ORGANIZATION ENHANCEMENT PROGRAM, VIA PARTNERSHIP WITH INDIAN RIVER COUNTY AND THE FLORIDA DEPARTMENTOF TRANSPORTATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-04-17 Vacation of Easement - Lots 8 and 9, Block 70, Replat of a Portion of Sebastian Highlands (GMD Transmittal 4/20/04, Site Map, Staff Report, Letter, Easement, Application, Utility Letters) A RESOLUTION OF THE CITY' OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 8 AND 9, BLOCK 70, REPLAT OF A PORTION OF SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE Approval of Appropriation of Recreation Impact Fees from Zone D ($1,557.35) and Zone C ($619.25) for Two Signs, Two Bike Racks and Two Picnic Tables (Recreation Transmittal 4/20/04, Quote) Approve Keep Indian River Beautiful Fall Craft Festival Special Event at Riverview Park - October 9 & 10, 2004 - 10 am to 5 pm (Recreation Transmittal 4/20~04, KIRB Letter, Permit Application) Pdor Approval for Travel - City Clerk Attendance at Flodda Association of City Clerks Annual Conference - St. Augustine - June 13-16, 2004 (City Clerk Transmittal 4/19/04, Conference Information) Disaster Recovery Equipment - Approve Appropriation of $16,230 from Discretionary Sales Tax Fund for Purchase of Rack Mounted Auto Loader, Dell Server and Dell Laptop from Dell Computers, Inc. (Finance/MIS Transmittal 4/16/04, Three Price Quotes) Authorize Expenditure for Audio/Visual/Phone Needs for New City Hall and Police Department in the Amount of $319,305 (General Services Transmittal 4/15/04, Proposals, Itemized List, Quotes) 2 04.034 123-168 04.120 16g-180 11. 12. 04.121 181-186 04.122 187-190 13. 14. 04.021 lg1-198 '15. 04.123 199-208 04.124 209-210 COMMITTEE REPORTS/RECOMMENDATIONS Plannin.q and Zonin.q Commission (City Clerk Transmittal 4/19/04, Blessing Letter, Code Section, Eleven Applications, Member List, Ad) Interview Applicants Unless Waived and Take Nominations for Vacant Regular Member Position to Expire 5/1/2005 Fill Vacant Alternate Position if Necessary Tree and Landscape Advisory Board (City Clerk Transmittal 4/19/04, Code Section, Two Applications, Member List, Ad) Interview Applicants Unless Waived and Take Nominations for Vacant Alternate Member Position to Expire 11/1/2005 PUBLIC HEARING - None INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC item that has occumed or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker OLD BUSINESS - None NEW BUSINESS Approve Sebastian Inlet Sail and Power Squadron Picnic with a Flare at Riverview Park - Saturday, May 29, 2004 - 10 am to 2 pm (Recreation Transmittal 4/20/04, Letter, Permit Application with Conditions Established by Staff) First Reading on Ordinance No. 0-04-06 - Removing Requirement for City Sponsorship for Alcohol Beverages in Parks - Requires Permit from City Council - Set Public Hearing for May 12, 2004 (City Attorney Transmittal 4/21/04, Ordinance) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE SECTION 74-4; GENERAL REGULATIONS FOR RECREATIONAL FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. CITY A'R'ORNEY MAR'ERS CITY MANAGER MATTERS A. Acknowledgment of Thank You Letters from Citizens (Miscellaneous Letters) CITY CLERK MATTERS A. Electronic Records (City Clerk Transmittal 4/19/04, Draft Policy, Article) B. New Minutes Format (City Clerk Transmittal 4/19/04) 3 16. CITY COUNCIL MATTERS 04.110 Ms. Monier i. Indian River County Utilities Rate Equalization Charge B. Mr. Barczyk C. Mayor McCollum D. Mr. Heptinstall E. Mr. Coniglio t7, ADJOURN (A# meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) If any person decides to appeal a decision with any respect to any matter considered at the above hearing or meeting, said person will need a verbatim record of all proceedings including the testimony and evidence, which is not provided by the City. (F.S. 286.0105) In compliance with the Americans with Disabilities Act (ADA), anyone who needs special accommodation for this meeting should contact the City's ADA coordinator at 589-5330 at least 48 hours in advance of this meeting. Hearfng Assistance Headphones are Available in the Council Chambers for ell Government Meetings. Upcoming Meetings: · Regular City Council Meeting- May 12, 2004- 7:00 pm · Regular City Council Meeting- May 26, 2004 - 7:00 pm · Regular City Council Meeting - June 9, 2004 - 7:00 pm · Regular City Council Meeting - June 23, 2004 - 7:00 pm · Regular City Council Meeting - July 14, 2004 - 7:00 pm · Regular City Council Meeting - July 28, 2004 - 7:00 pm 4 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Veto Beach, Florida 32960.3365 i~Jep~n~: ~72) 567-8000 Feb~ 20, 2004 City of Sebastian Administration I225 Main Street Sebastian, Florida 32958 Attention: Ter~enoe Moore, City Manager Re: CommuniW-Wide Needs Assessment of Human Ser~/c, es Dear Mr. Moore, I am writing to you on behalf of the Indian River CourtW Children's Services Advisory Comrmttee, who has been authorized by the Board of Cdunty Commassioners to contact oommUmty representatives regarding the/r interest in participating in a commumty-wide, cradle to grave, needs assessment. In order to plan for services the Children's Services Advisory Co,mdttee conducts an assessment of children's needs. Perhaps your agency also conducts 'a needs assessment, and would be interested in participating fin a collaboration to conduct this countywide needs assessment. In working together we will be able to serve our own organizations in a cost effective mariner, and be able to develop a needs assessment that will more efficiently identify duphcations, or gaps, in services. · These are the topics we wish th discuss: · Details of the needs assessment process. · Where your organization would fit into this process. · Funding possibilities. We will call to make an appointment. Respectfully yours, Jovce. Johnston - Carlson, Dn'ector ' Indian River County Human Serv/ces F:~-lurmm Ser~icesWlafion~ty Do~um.~nt~N~ds A~e~ment Sub-Commffme~CVfNA. lntro Let~- Final Draft 2-I ?.doc are invRad to ~mbr~ca one of our a~ta3 mo~t vi?~/ r~ourc~ - a ~time initiative STATE OF FLORIDA JEB BUSH GOVERNOR TERRY F. WHITE SECRETARY 040 ESPLANADE WAY TALLAHASSEE FLORIDA, 32399-7000 phone 8S0.414~000 fax 850.414.2004 TDD 850.414.2001 Dear Community Leader: Very soon, for the first time in history, the number of older people in our nation will exceed the number of children. The aging of the baby boomer generation, those bom from 1946 to 1964, will affect our communities in avery real way. For this reason, Florida's communities are working to prepare for the baby boomers' retirement by removing artificial barriers and incorporating universal designs into their planning processes through the Communities for a Lifetime initiative. The Communities for a Lifetime initiative is phase two of G0vemor Job Bush's Eider Ready Community initiative begun in 1999. This initiative asks communities to revive the best ideas from America's past - neighborhoods where alt generations lived and worked together - while using today's technology to sow the seeds for the communities of tomorrow. On April 28, 2003, the Florida House of Representatives and Speaker Johnnie Byrd voted unanimously to pass House Resolution 9149 sponsored by Representative Tom Anderson endorsing Governor Bush's initiative. This unprecedented action represents your state representative's commitment to the initiative that will provide seniors the opportunity to remain independent in their own communities throughout a lifetime. Becoming a Community for a Lifetime is a process that ideally will involve the entire community, but the first step in the process remains with you. As a leader in your community, we are asking that you follow the examples of 64 other Florida communities and pass a resolution in support of the Communities for a Lifetime initiative. By doing so, you will demonstrate to the seniors and other citizens of your community that you are serious about making a difference in the lives of older adults. How can your community begin the process of becoming a community for a Lifetime? A brief outline of suggested steps in the process includel · Local government passes a resolution in support of the initiative and notifies the Department of Elder Affairs (DOEA); · The commanity forms a committee to assess and inventory elements important for senior independence and care; http://elderaffairs, state.fl, u$ G Communities for a Lifetime Invitation Page 2 Upon completion of the self-assessment, the committee identifies areas in need of attention and incorporates them into a community action plan with a timeline for completion; and The completed inventory is s. ent to DOEA for review and recommendations. Participation in the initiative will allow elders the option of aging in place with dignity, security, and purpose, while offering communities, governments and citizens of all ages potential health, safety and economic benefits. I sincerely hope that you will accept this invitation and use it as a starting point to help your community flourish and achieve its full potential by embracing our seniors and truly creating a Community for a Lifetime. If you have additional questions about the Communities for a Lifetime initiative, please contact me or the Communications Department at (850) 414-2000. Sincerely, Terry White Secretary Enclosures HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 14, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor called the Regular Meeting to order at 7:00 p.m. Vice Mayor Barczyk led the Pledge of Allegiance. A moment of silence was held. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, David Fisher Stormwater Engineer, Ken Jones Growth Management Director, Tracy Hass Growth Management Manager, Jan King Police Chief, James Davis Public Works Director, Terry Hill Code Enforcement Officer, Antoine VanMeir Regular City Council Meeting April 14, 2004 Page Two 04.093 04.094 04.084 D. O4.095 E. 04.034 F. 04.032 G. AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) On MOTION by Mr. Coniglio,and SECOND by Ms. Monier, City Council UNANIMOUSLY added an item entitled the "Easement and Bill of Sale of Utility Facilities to Indian River County" to the consent agenda (item G). PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS A. Community Service Awards Presented by Chief Davis The Chief presented framed certificates to members of Cub Scout Pack #525 and Boy Scout Troop #599 for cleaning up the Canal Waterway along Concha Drive. B. Certificates of Appreciation to GFWC Sebastian River Area Woman's Club, GFWC Sebastian Woman's Club, GFWC Sebastian River Juniorettes for Butterfly Garden at Hardee Park Certificates were presented to the various clubs. Certificate of Appreciation to Ed Seeley for Citizen Budqet Advisory Board Service Mayor McCollum presented Ed Seeley with a certificate. Certificate of Appreciation to Richard Smith for Citizen Budget Advisory Board Service Mayor McCollum presented Richard Smith with a certificate. Certificate of Appreciation to Cathy Fulton for Tree Board Service Mayor McCollum presented Cathy Fulton with a certificate. Certificate of Appreciation to Emil Svatik for Planninq and Zoninq Commission Service Emil Svatik was not in attendance, however, the Mayor acknowledged his service. American Cancer Society Relay for Life May 7-8, 2004 Proclamation Mayor McCollum read and presented the proclamation to the City Clerk who invited the public to participate in this event. 2 Regular City Council Meeting April 14, 2004 Page Three 04.096 H. City of Sebastian Arbor Day April 17th, 2004 Proclamation Mayor McCollum read the proclamation and presented it to members of the Tree Advisory Board. 04.098 J. 2004 National Crime Victims' Riqhts Week April 18-24, 2004 Proclamation Shirley Rosemond, Victim Assistant, Indian River County Sheriff's Office and Connie Stevens, family member of a crime victim accepted the proclamation. 04.097 I. Child Abuse Prevention Month of April Proclamation Bob VanSon of the Hibiscus Children's Center accepted the proclamation from Mayor McCollum. 04.040 Presentation by Representatives from Indian River County Health Dept. - County and Statewide Results of Heart to Heart Walk Michelle Kessel Indian River County Health Department, gave a presentation regarding the statewide Step Up Florida Walk in Sebastian on February 13 h, thanked all participants in Indian River County, and Tina Zayas presented certificates to Mayor McCollum and the Chief of Police for City of Sebastian participation. 04.100 Presentation by Represent~.tives from St. Johns River Water Manaqement District - St. Johns River Water Mana,qement Distdct Pro,qrams and Proiects Update Marguerita Engel, Intergovernmental .Coordinator with St. Johns River Water Management District, gave a brief update on ongoing programs and projects, as well as proposed water conservation efforts. 04.101 Presentation by Representatives from Keep Indian River Beautiful, Inc. - Request to be Tenant at City of Sebastian Municipal Complex Cheryl Cummins, Program Coordinator with Keep Indian River Beautiful, Inc. requested office space in the City Hall annex. Mr. Barczyk asked for a list of proposed tenants in the old City hall building and annexes. The City Manager will provide a list of proposed tenants and an outline for an agreement at the April 28th meeting. 3 ReguJar City Council Meeting Apd114, 200 Page Four 04.102 N. Presentation by Newly Formed North County Development Authority - Goals and Objectives - Solicitation of Support from City of Sebastian Joel Tyson, representing the newly formed North County Development Authority, named the Board of Directors Joel Tyson, Ray Coniglo, Beth Mitchell, Tom Adams, John McCants, Robert Keating, David Sullivan, Mike Stutzke, Helene Caseltine. Mr. Tyson described their efforts to acquire an acre industrial site at XL Vision, arrange for a water sports facility along the C-54, and asked for Sebastian to give them its blessing to proceed. He read a prepared statement of support. It was noted that the property was in Indian River County, however, it was the consensus of Council to support their efforts. 04.075 O. City Attorney Presentation - Annexation Covenant (City Attorney Transmittal 4/6/04, Covenant) The City Attorney explained the proposed seven year annexation covenant language, however, it was a consensus of Council to make it ten years. CONSENT AGENDA All items on the consent agenda are considered rou#ne and will be enacted by one motion. 7'he~ will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Regular Meeting Minutes - 3/14/04 04.103 Prior Authorization for City Council Travel to Institute for Elected Municipal Officials in June (City Clerk Transmittal 4/7/04, Agenda, Form) 04.104 Resolution No. R-04-14, Final Plat for a Replat of Block W of Park Place PUD Mobile Home Subdivision (GMD Transmittal 4/6/04, R-04-14, Application, Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS PARK PLACE PLAT 1 - REPLAT; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 04.109 Resolution No. R-04-15 Authorizing the City Manager to Execute an Application to Participate in the Indian River Lagoon License Plate Funding Program (Engineering Transmittal 4/1/04, Application) A RESOLUTION OFTHE CITY OF SEBASTIAN, INDIAN RIVER COUNTYi FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AN INDIAN RIVER LAGOON LICENSE PLATE FUNDING PROGRAM GRANT FROM THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting April 14, 2004 Page Five 04.086 E. Authorize Acceptance of Easement Dedications from Judith Shuttleworth, Gary Sims and Erwin Sims As Well As an Agreement Between Judith Shuttleworth and the City of Sebastian for Louisiana Avenue Neighborhood Revitalization Program (City Manager Transmittal 4/5/04) 04.105 Approve the Exchange Club of Sebastian 11"~ Annual Blue Water Open Sportfishing Tournament at Riverview Park on Friday, July 30, 2004 and Saturday, July 31,2004 Authorize the City Manager to Execute an Agreement for Special Event/Blue Water Open with Exchange Club of Sebastian for their Annual Blue Water Open Sport Fishing Tournament Approve Beer and Wine Sales East of Indian River Ddve from Harrison Street South to the City Limit on Friday, July 30, 2004 and Saturday, July 31,2004 (Parks Transmittal 4/6/04, Application, Agreement, Info) Authorize the Mayor to Execute the "Easement and Bill of Sale of Utility Facilities to Indian River County" for the Installed Utilities for the New City Hall and Police Facility (see backup attached to these minutes - added to consent agenda under Agenda Modifications) Mayor McOollum and Ms. Monier removed item F. On a MOTION by Mr. Barczyk and SECOND by Mr. Heptinstall, City Council UNANIMOUSLY approved items A through E and G. Item F Discussion took place about the City code that requires City sponsorship for park events with alcohol sales. Ms. Monier asked how many City sponsored events will the City end up with if the City has to sponsor all alcohol beverage sales. Mr. McCollum said the City is getting a reputation by sponsoring these events. He recommended that the issue of alcohol sales be discussed by Council in the near future. Mr. Coniglio said he would like to see a different application for alcohol use in parks. Side II, Tape I, 8:02 p.m. Sal Neglia said he was not pleased with the way this was brought to the City, asked for specifics of the request as to time, need for alcohol, whether there will be other vendors, enforcement, etc. ) 5 Regular City Council Meeting April 14, 2004 Page Six Warren Dill and Rappy Perez, Exchange Club, responded to concerns expressed by City Council. He said they intend to hire an off duty police officer, will provide an insurance policy, and will limit the area to the east side of Indian River Drive. Mr. Coniglio suggested adding times, police needs, and Port-o-lets. The City Attorney noted that most of these concerns could be met by removing City sponsorship and then staff can bring back language to remove the requirement from the code. There were four various motions with different conditions which failed in 2-3 votes. The City Attorney suggested the following amendment to the agreement to address the concerns expressed: to strike City sponsorship, change the ordinance prior to the event, allow up to ten sponsor booths and have the club set operating times. On a MOTION by Mayor McCollum and SECOND by Ms. Monier, for City Council to approve including the changes suggested by the City Attorney, removing the City sponsorship and changing our ordinance, which will guarantee the dates, the MOTION failed (Bamzyk, Coniglio, Monier - NAY). Mr. Dill asked for clarification on the sale of alcohol and if this could be the last City sponsored event. On a MOTION by Mr. Coniglio and SECOND by Ms. Monier, for City Council to approve without City sponsorship and have the City Manager work with the group to achieve the remaining requirements, the MOTION failed (Barczyk, Heptinstall, McCollum - NAY). On a MOTION by Ms. Monier and SECOND by Mr. Coniglio, for City Council to approve without deletions, keeping this a City sponsored event, based on contingencies the Club works with the City Manager and Police Chief to work out details and Council amends the ordinance in the near future, the MOTION failed (Heptinstall, McCollum, Barczyk - Nay). The Mayor made a MOTION that died for lack of a second to approve the date, remove the City as a sponsor and deny the use of alcohol. On a MOTION by Ms. Monier and SECOND by Mr. Barczyk, City Council approved the request with changes to paragraphs 1(removal of City sponsorship), 3 (providing for sponsor booths) and 7 (conditioning alcohol sale to future ordinance change) as discussed by Mr. Stringer, and if ordinances are not changed the sale of alcohol will not be allowed, by a 4-1 vote (Heptinstalt - NAY) 8. COM MI'Il-tEE REPORTS/RECOMMENDATIONS 04.084 A. Citizens' Budqet Review Advisory Board Interview, Unless Waived, and Submit Nominations for Two At-Larqe Citizens to Serve with Terms to Expire 3/2005 (City Clerk Transmittal, Applications, Ad, List) 6 Regular Cily Council Meeting April 14, 2004 Page Seven It was noted that Mr. Oakes could not be in attendance, and City Council interviewed Richard Smith. Mr. Coniglio nominated Richard Smith for at-large position one. Mayor McCollum nominated Kenneth Albrecht for at-large position two. Since there were no other nominations, Mr. Smith and Mr. Albrecht were appointed for one year terms until March 2005. II. Councilmember Heptinstall names his appointee Mr. Heptinstall's appointee is Linda Bethune. III. Councilmember Monier names her appointee Ms. Monier's appointee is Ed Seeley. Mayor McCollum called recess at 8:39 p.m. and reconvened the meeting 8:46 p.m. All members were present. Mr. Heptinstall requested a modification of the agenda to move Sebastian Preserve item up before the Ashbury Subdivision item. The vote was 3-2. A unanimous vote is required for agenda modifications, therefore, no modification was made. 9. PUBLIC HEARINGS 04.088 Second Readinq, Quasi-Judicial Public Hearin,q and Adoption Hearin,q of Ordinance No. O-03-21 Rezoninq/Conceptual Plan Ashbury Subdivision (GMD Transmittal 4/5/04, O-03-21, Location Map, Conceptual Plan, Staff Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS AGRICULTURE (A-l) FOR LAND CONSISTING OF 56 ACRES, MORE OR LESS, KNOWN AS ASHBURY SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Ordinance No. O-03-21 by title, and Mayor McCollum opened the quasi- judicial hearing at 8:48 p.m. Disclosure of Ex-Parte Communication City Council members disclosed ex-parte communications, and the City Clerk read a list of names of people who had sent e-mails, telephoned, or written objecting to the issue (Exhibit 1). 7 Regular City Council Meeting April 14, 2OO4 Page Eight Swearin.q In The City Clerk swore in all who intended to offer expert testimony. Applicant Presentation: Joe Schulke, representing applicant Coy Clark, submitted information packets (Exhibit 2) and presented the request for rezoning and conceptual plan approval. Side I, Tape II He responded to previous City Council recommendations for Powerline Road citing a Kimley- Horn traffic study which shows the subdivision contributing 35 peak hour trips or 6.6% level service D of the road; at present a traffic light at the intersection of CR512 and Wimbrow Drive is unwarranted citing input from County Traffic Engineer Christopher More that an additional light will pull down the level of service for CR512; and repetitive housing regulated in deed restrictions with varying elevations and colors on adjacent properties and planning for two to four builders for the project, His assistant provided Article VII of the Use Restrictions and Amhitectural Control (Exhibit 3). Staff Presentation of Findinqs and Analysis: The Growth Management Director gave a brief summation of staff findings and said he would respond to public concerns following their input. He cited existing county density of six units per acre, and stated that the amenities of the development will be an asset to the community, The City Attorney stated for the record that staff recommendation as set out in pages 93 through 142 of this City Council agenda packet is staff Exhibit 4. Council Questions The applicant responded to questions from City Council regarding buffer, fill, preservation of · trees, forty foot setbacks from the primary residence to the property line, calculations to determine wetlands acreage, conflicts with EPA and Army Corps of Engineers based on EPA statement in the DCA report noting there are 16 acres of wetlands on the site, and setting up an escrow account for paving of 590 feet of Powerline Road. Mayor McCollum noted a conflict in the side setback cited as 7 and 7.5 feet in the conceptual plan. It was corrected as 7.5 feet, and Mr. McCollum inquired why the correct information was not provided in the record to City Council. He continued relative to the need for paving Powerline Road because of the benefit the developer receives for 3 houses per acre. The Growth Management Director said his staff recommendation to DCA noted there were 16 acres of uplands and wetlands and was apparently misinterpreted by DCA. 8 Regular City Courmil Meeting April 14, 2004 Page Nine Public in Favor Linda Madigan said this type of layout was more attractive than Sebastian Highlands and preserves trees. Public Opposed The following members of the public opposed the rezoning: Andrea Coy, 333 Pineapple Street, Sebastian, (sworn) objecting to the project, and exhibited a Powerpoint presentation (Exhibit 5). Robin Honis, indian River Neighborhood Association (IRNA). Mary Ann Kreuger, Miller Drive, Sebastian asked about Ms. Monier voting since she was a member of Planning and Zoning George Gonzalez, IRNA. Sal Neglia, Sebastian, inquired about the possibility of a land acquisition purchase. Side II, Tape II Richard Baker, Pelican Audubon Society, Sebastian, distributed a paper entitled "The Contribution of Agriculture to Collier County, Florida" (Exhibit 6) Maureen Cummings, Sebastian, representative of School District Planning Committee and requested ability to take this to the committee to use the land for the school as an environmental project. On a MOTION by Mr. Heptinstall, and SECOND by Mr. Barczyk, City Council UNANIMOUSLY extended the meeting to 11 p.m. Public Input continued with those opposing: Brad Cronin, Sebastian commented on the green space in Sebastian Highlands. Shelley Saline, Easy Street, said there were over 50 people outside who were opposed to the project. Greg Conover, Floraland Avenue, Sebastian. Being no more public input, Mayor McCollum closed the public input portion of the hearing at 10:24 p.m. Applicant Response 9 Regular City Council Meeting April 14, 2004 Page Ten Joe Schulke responded to public comments noting public property rights are also addressed in the Constitution, a minimum of 20% of the trees will be saved on this property, interior lots have green areas, noted that both the developments Mrs. Coy showed were being developed on former citrus groves, and that he had other wooded projects such as Ansiey Park in Vero Beach. Staff Summary The Growth Management Director said there are state provisions that encourage cities to annex enclave parcels, and that staff had taken a hard look at this parcel with an eye to what type of development it should be. He said this pamel is surrounded by several different types of zoning and would be a transitional zoning, would be 3.47 units per acre which is far less that what the County could allow, that the City would have a benefit from development of Powerline Road, and noted that DCA comments included a question as to why the City was not considering multi-family housing. City Council Deliberation Discussion followed regarding the pumhase of the land with public funds and the list of properties to benefit from the upcoming bond referendum. The Growth Management Director stated 30% open space is required per RS10 lot, that this type of project is consistent with the goals and objectives of the City's Comprehensive Plan, confirmed the property owner does have legal rights, may not be interested in public acquisition and that process is a very lengthy. The City Attorney noted that continuation of the meeting with a date certain does not require the re-advertisement of unfinished agenda items. Mayor McCollum called a Special Meeting for continuation of all items on this agenda for April 21, 2004 at 7:00 p.m. instead of the previously scheduled historic district workshop, which will be rescheduled. The City Attorney said Ms. Monier's membership on Planning and Zoning would not affect her vote tonight. The Growth Management Director stated that tree surveys are completed before the next step and penalties for total tree clearing could be enfomed by a per-tree or per-lot basis. Mr. Schulke responded to concerns about Powerline Road. Citv Council Motion ON MOTION by Mr. Coniglio, SECOND by Ms. Monier, on a vote of 2-3 (Heptinstall, McCollum, and Bamzyk - NAY) adoption of Ordinance No. 0-03-21 failed. Mayor McCollum adjourned this Regular City Council meeting at 10:55 p.m. 10 Regular City Council Meeting April 14, 2004 Page Eleven The remainder of agenda items will be carried to a Special Meeting on Wednesday, April 14, 2004 at 7:00 p.m. 04.107 B. 04.106 C. 04.088 04.037 First Reading and Quasi-Judicial Public Hearinq of O-04-04 Rezoninq/Conceptual PUD Plan for 162+/- Acres of Land to be Known as Sebastian Preserve (4/5/04, O-04-04, Ad, Plan1 Staff Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN TOWNSHIP 31 SOUTH, RANGE 39 EAST, SECTION 18 NORTH OF ENGLAR DRIVE CONTAINING 162 ACRES, MORE OR LESS, FROM RESIDENTIAL SINGLE FAMILY (RS-10) TO PLANNED UNIT DEVELOPMENT RESIDENTIAL (PUD-R) IN ACCORDANCE WITH A CONCEPTUAL DEVELOPMENT PLAN KNOWN AS SEBASTIAN PRESERVE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. Quasi-Judicial Hearing Resolution No. R-04-13 Special Exception Request for a Proposed Single Family Residence to be Located within the Industrial Zonin.q District Alon.q Hiqh Street (GMD Transmittal 4/5/04. R-04-13, Ad, P & Z Recommendation, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR RESIDENTIAL USE IN AN INDUSTRIAL ZONING DISTRICT AT 730 HIGH STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required, limit of ten minutes for each speaker 11. OLD BUSINESS First Readinq of Ordinance No. 0-04-03 Voluntary Annexation of 56-Acre Planned Unit Development to be Known As Ashbury Subdivision (GMD Transmittal 4/5/04, O-04-03, Exhibit A, Letter of Request, Location Map, Survey, F,S.171.044) AN ORDINANCE OFTHE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 56 ACRES, MORE OR LESS, BEING A PART OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST LOCATED SLIGHTLY NORTH OF SEBASTIAN ELEMENTARY SCHOOL; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. and B. First Readinq of Ordinance No. O-04-05 Estabtishinq a CRA Advisory Committee Schedule Public Hearin,q for April 28, 2004 (City Attorney Transmittal 4/6/04, 0-04-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY CODE CHAPTER 78, ARTICLE Iii, PLANNING: REDEVELOPMENT TO CREATE A COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 11 Regular City Council Meeting April 14, 2004 Page Twelve 04.108 12. 04.050 04.050 04.050 04.050 04.050 04.050 04.050 Potential Options for Relocation of Old Snowshoe House on United States Highway One (CM/GMD Transmittal 4/5/04, Maps) NEW BUSINESS Ao Approve Work Authorization No. 1 Under Stormwater Engineering Contract with WCG/NeeI-Schaffer for Wentworth Ditch and Potomac Ditch (Phase I) Stormwater Implementation Project Consistent with Adopted Master Stormwater Management Plan (MSWMP) and Appropriate Not to Exceed $51,605 from Stormwater Utility Revenue Bonds Proceeds (Engineering Transmittal 4/5/04, Proposed Work Authorization) Approve Work Authorization No. 2 Under Stormwater Engineering Contract with WCG/NeeI-Schaffer for Blossom Ditch Improvement Project Consistent with Adopted Master Stormwater Management Plan (MSWMP) and Appropriate Not to Exceed $52,380 from Stormwater Utility Revenue Bonds Proceeds (Engineering Transmittal 4/5/04, Proposed Work Authorization) Approve Work Authorization No. 3 Under Stormwater Engineering Contract with WCG/NeeI-Schaffer for Periwinkle Ddve Stormwater implementation Project Consistent with Adopted Master Stormwater Management Plan (MSWMP) and Appropriate Not to Exceed $65,692 from Stormwater Utility Revenue Bonds Proceeds (Engineering Transmittal 4/5/04, Proposed Work Authorization) Approve Work Authorization No. 4 Under Stormwater Engineering Contract with WCG/NeeI-Schaffer for Lower Stonecrop Stormwater Implementation Project Consistent with Adopted Master Stormwater Management Plan (MSWMP) and Appropriate Not to Exceed $134,722 from Stormwater Utility Revenue Bonds Proceeds (Engineering Transmittal 4/5/04, Proposed Work Authorization) Approve Work Authorization No. I Under Stormwater Engineering Contract with CDM for Collier Canal Rehabilitation and Stormwater Retrofit Project Consistent with Adopted Master Stormwater Management Plan (MSWMP) and Appropriate Not to Exceed $174,795 from Stormwater Utility Revenue Bonds Proceeds (Engineering Transmittal 4/5/04, Proposed Work Authorization) Approve Work Authorization No. 2 Under Stormwater Engineering Contract with CDM for Collier Canal Seawall Design Project Consistent with Adopted Master Stormwater Management Plan (MSWMP) and Appropriate Not to Exceed $238,702 from Stormwater Utility Revenue Bonds Proceeds (Engineering Transmittal 4/5/04, Proposed Work Authorization) Approve Work Authorization No. 3 Under Stormwater Engineering Contract with CDM for Twin Ditches Stormwater Retrofit Project Consistent with Adopted Master Stormwater Management Plan (MSWMP) and Appropriate Not to Exceed $134,722 from Stormwater Utility Revenue Bonds Proceeds (Engineering Transmittal 4/5/04, Proposed Work Authorization) 12 Regular City Council Meeting April 14, 2004 Page Thirteen 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATrERS 16. CITY COUNCIL MATTERS 04.110 A. Mr. Coniglio B. Ms. Monier i. C. Mr. Barczyk D. Mayor McCollum E. Mr. Heptinstall Indian River County Utilities Rate Equalization Charge 17. ADJOURN (4//meetings shaft adjourn at 10:30 p.m. unless extended for up to one haft hour by a majority vo{e of City Council) Approved at the April 28, 2004 Regular Meeting. Nathan B. McCollum, Mayor ATTEST: Sally A. Maio, CMC, City Clerk 13 HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSM1TFAL Subject: Resolution No. R-04-16 Participation in the Metropolitan Planning Organization Enhancement Program Agenda No. Department Origin: City Manager Purchasing/Contracting: .Finance Director: City Attorney: City Clerk: Date Submitted: 04120/04 For Agenda of: 04/28/04 Exhibits: Resolution R-04-16 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY The proposed Resolution No: R-04-16 authorizes the City Manager to apply for participation in the Metropolitan Planning Organization Enhancement Program, via partnership with Indian River County and the Florida Depatm~ent of Transportation. Once funded, it is the desire of the City to proceed in conjunction with the Indian River County Board of Commissioners, with plans to install landscaping in medians along CR 512, in accordance with guidelines and principals established by the Florida Department of Transportation. RECOMMENDED ACTION Move to adopt Resolution No. R-0416 authorizing the City Manager to apply for participation in the Metropolitan Planning Organization Enhancement Program, via partnership with Indian River County and the Florida Department of Transportation. RESOLUTION NO. R-04-16 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR PARTICIPATION IN THE METROPOLITAN PLANNING ORGANIZATION ENHANCEMENT PROGRAM, VIA PARTNERSHIP WITH INDIAN RIVER COUNTY, AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Sebastian wishes to proceed, in conjunction with the Indian River County Board of County Commissioners, with plans to install landscaping in medians along County Road 512, in accordance with guidelines and principals established by the Florida Department of Transportation; and . WFfEREAS, the Mayor and City Council desire that the City of Sebastian, in conjunction with the Indian River County Board of County Commissioners, implement respective improvements, in accordance with the Charrette Master Planning Process with the Treasure Coast Regional Planning Council implemented in November 2000; and WIIEREAS, the Mayor and City Council of the City of Sebastian wish to authorize the City Manager to apply for participation in the Metropolitan Planning Organization Enhancement Program, via the process as facilitated by the Indian River County Board of County Commissioners. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The Mayor and City Council of the City of Sebastian hereby authorize the city Manager to apply for participation in the Metropolitan planning Organization Enhancement Program, via partnership with Indian River County and the Florida Department of Transportation. Section 2. The City Manager's Office of the City of Sebastian is hereby directed to send copies of tNs Resolution to the Indian River County Board of County Commissioners and the Florida Department of Transportation and other persons as directed by the Mayor and City Council. Section 3. CONFLICTS. All resolutions or parts of resohitions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Counc/lmember · The motion was seconded by Councilmember and~ upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice Mayor Joe Barczyk Councilmember Ray G. Coniglio Councilmember Michael Heptinstall Councilmember Liseanne Monier Section 1. AUTItORIZATION. The Mayor and City Council of the City of Sebastian hereby authorize the City Manager to apply for participation in the Metropolitan Planning Organization Enhancement Program, via partnership with Indian River County and the Florida Department of Transportation. Section 2. The City Manager's Office of the City of Sebastian is hereby directed to send copies of this Resolution to the Indian River County Board of County Commissioners and the Florida Department of Transportation and other persons as directed by the Mayor and City Counc'd. Section 3. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. A motion to adopt the foregoing Resolution was made by Councilmember · The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice Mayor Joe Barczyk Councilmember Ray G. Coniglio Councilmember Michael Heptinstall Councilmember Lisanne Monier The Mayor thereupon declared this Resolution duly passed and adopted this __ day of ,2004. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Nathan McCollum, Mayor Sally A. Maio, CMC City Clerk APPKOVED AS TO FORM AND LEGALITY FOR RELIANCE BY THE CITY OF SEBASTIAN ONLY: Rich Stringer, City Attorney INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: FROM: DATE: SUBJECT: Robert Baker, and Dave Fisher Robert M. Keating, AICP ~"- Iv20 Staff Director March 17, 2004 Cliff Suthard, Dennis Ragsdale, Chris Kafer, Tmcy Ha~s, Robert Bradshaw, 2004 ENltA~CEMENT PROJECT APPLICATIONS ............................. This is Public Notice that the Indian River County Metropolitan Planning Organization (MPO) is now accepting applications for projects to be funded from the federal enhancement program. Applications must be received by 5:00 pm on Monday, May 3, 2004. As required by Title 23 USC, Section 101(a) and Section 133(d), ten percent of federai Surface Transportation Program (STP) funds must be made available for tean~portation enhancement activities. Enhancement projects are projects which go beyond traditioml transportation projects, yet enhance the transportation system. To be eligible for fu~dlng, proposed enhancement projects must have a direct relationship to the intermodai transportation system, and this relationship must be one of either function, proximity, Or impact. · Qualifying Activities Qualifying activities wMch can be funded with enhancemem funds are limited to the following: 2. 3. 4. 10. 11. 12. Provision of facilities for pedestrians and bicycles. Provision of safety and educational activities for pedestrians and bicyclists. Acquisition of scenic easements and scenic or historic sites. Scenic or historic highway programs (including the provision of tourist and welcome center facilities). Landscaping and other scenic beautification. Historic preservation. Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and carols). Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails). Control and removal of outdoor advertising. Archaeological planning and research. Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat com~ecfivity. Establishment of transportation museums. -1- · Examples Examples of enhancement proj¢cts that have been funded through this program are listed in the table at the end of this notice. · Eligible Applicants Enhancement project applications may be submitted by local governments, state/federal agencies, or non-profit groups. All applications must provide certification of a project sponsor. A project sponsor must be either a municipal, county, state, or federal agency. The project sponsor must be willing to comply with the following conditions: 1) : provide any funding match that may be required; 2) enter into a maintenance agreement with FDOT; and/or 3) support other actions to fully implement the proposed project. · Enhancement Funding Projects determined eligible for enhancement program funding will be considered for funding in FDOT's FY 2005/06-2009/10 Five Year Work Program, with funds likely to be allocated in FY 2007/08. FDOT has informed the iMPO that approximately $272,000 will be available for funding during this cycle for projects located in the MPO's planning (PL) area (Attachment 5). There is no required match for this cycle of enhancement ftmds, but the project sponsor must commit to maintain the project. · Guidance Based on guidance provided by FDOT (Attachments 1 & 2), please be advised of the following: · FDOT will not accept applications requiring any right-of-way acquisition. · All property to be used in enhancement projects must be in public ownership and under the control of the sponsoring agency. · Sponsoring agencies are strongly encouraged to become eligible for and utilize the Local Agency Program (LAP) process in developing and implementing enhancement projects. · Unfunded eligible applications submitted in previous cycles need to be resubmitted on the new application form to remain eligible. · Six (6) sets of each completed application shah be submitted to the MPO. · Applications will not be accepted unless ail sections are completed and necessary documentation is attached. All applications must include a location map and project design plans with typical sections, unless the proposed activity does not involve construction of improvements. · Priority Criteria The MPO is responsible for prioritizing the projects for funding consideration by FDOT. The MPO will prioritize projects received based on the ability to meet the criteria outlined in Attachment 4. · Schedule The following schedule applies to the 2004 Enhancement Project cycle: March 22, 2004 Enhancement Project Application Notice sent to MPO members, MPO TAC members, MPO CAC members, Municipalities, Interest Croups, and Interested Parties. · May 3, 2004 Completed Applications must be submitted to MPO staff. · June 4, 2004 Initial Project Eligibility Assessments must be submitted to FDOT by MPO. · July 16, 2004 FDOT Districts return Eligibility Determinations to MPOs who select and approve the final priority ranking for eligible projects. · September 30, 2004 Enhancement Project ranking approved by MPO and submitted to FDOT. November/. December 2004 FDOT's Draft Tentative Five Year Work Program (including enhancement project funding) released by FDOT and reviewed by MPO. · FY 2007/2008 Construction of Approved 2004 Enhancement Projects. The attached FDOT guidance includes the official enhancement project ~ipplication form (Attachment 3). Unaltered copies of the application form may also be ut~llzed. Completed applications must be submitted to: Robert M. Keating, AICP MPO Staff Director Indian River County MPO 1840 25th Street Vero Beach, Florida 32960-3365 Applicants or project sponsors considering submittal of an enhancement application are encouraged to contact MPO statTto discuss the proposed project. Please contact Phil Matson, Assistant MPO Staff Director at (772) 226-1455. -3- ATTACHMENTS: 1. Transportation Enhancement Projects Procedure Topic NO. 525-030-000-I 2. FDOT District 4 Enhancement Program Guidance 3. FDOT Application for Transportation Enhancement Projects 4. MPO Evaluation Criteria 5. MPO Planning Area Map Examples of Indian River County TEA-21 Enhancement Projects Sebastian This completed enhancement project provides a scenic path for bicyclists and Riveffront pedestrians adjacent to Indian River Drive in the City of Sebastian. Veto Beach This completed enhancement project provides a separated path along Indian Causeway River Boulevard connecting the 17th Street bridge to the New Merrill Barber Connector Bridge. Fellsmere This enhancement project provides a path for bicyclists and pedesu'ians adjacent Road to Fellsmere Road that will connect parks, schools, and other major activity Sidewalk centers in the City of Fellsmere. Attachment 1 Transportation Enhancement Projects ProcedUre Topic NO. 525-030-300-I Approved: Effective: January 7, 2004 Office: Environmental Management Topic No.: 525-030-300-i Jose Abreu, P.E. Secretary TRANSPORTATION ENHANCEMENT PROJECTS PURPOSE: This procedure describes how the Department identifies eligible candidate projects that can be funded by federal Surface Transportation Program (STP) funds that are available for transportation enhancement activities. AUTHORITY: Title 23 United States Code (U.S.C.), Section 101(a) and Section 133(d), and Chapter 339, Flodda Statutes (F.S.) SCOPE: The principal users of this document are Department Enhancement Coordinators in District Planning and Work Program Offices, and Enhancement Project Managers in Distdct Production Units. BACKGROUND: Title 23 U.S.C. requires that 10 percent of the Surface Transportation Program (STP) funds only be available for transportation enhancement activities. Enhancement funds are distributed annually to each Distdct pursuant to Section 339.135(4)(a), F.S., with the exception that each year, an amount of the state's enhancement funds will be administered by the Central Environmental Management Office for use on statewide projects. Chapter 339, F.S., is the mechanism used for determining priorities and programming projects among competing transportation interestb: DEFINITIONS: Applicant: Any group or entity interested in proposing an enhancement project, for which there is a project sponsor that submits a complete and accurate Application for Transportation Enhancement Projects that contains all of the information requested on the sample application attached to this procedure as Appendix B. Applicants may 525-030-300-i Page 2 of 9 include, but are not limited to, the Department (Central Office and Districts), other state agencies, federal agencies, statewide or national interest groups, Indian Tribal Councils, Metropolitan: Planning Organizations (MPC), county commissions, municipalities, and local interest groups. Enhancement Project: Projects or project features that go beyond what is routinely provided in transportation projects or in mitigation requirements associated with transportation projects. These projects or project features must meet the requirements of the qualifying activities listed in these definitions, and the eligibility criteda and implementation guidelines contained in Appendix A of this procedure. Enhancement Activities: The following are the only activities related to surface transportation that can be funded with enhancement funds: (1) Provision of facilities for pedestrians and bicycles. (2) The provision of safety and educational activities for pedestrians and bicyclists. (3) Acquisition of scenic easements and scenic or historic sites. (4) Scenic or histodc highway programs, (including the provision of tourist and welcome center facilities). (5) Landscaping and other scenic beautification. (6) Historic preservation. (7) Rehabilitation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals). (8) Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails). (9) Control and removal of outdoor advertising. (10) Archaeological planning and research. (11) Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity. (12) Establishment of Transportation museums; Local Agency Program (LAP) Manual: (No. 525.010-300) A Department manual which establishes uniform practices for authorizing local governments to use federal-aid funds for project planning, development, design, right of way, construction, and construction engineering inspection. Project Sponsor: Any recognized government entity (ex;: municipal, county, state, or federal agency) willing to: (1) provide any funding match that may be required; (2) enter into a maintenance agreement with the Department; and/or (3) support other actions necessary to fully implement the proposed project. Indian Tdbal Councils may sponsor 525-030-300-i Page 3 of 9 and submit'proposed enhancement projects directly to the appropriate District. The project sponsor may also be the applicant or the Department. Statewide Enhancement Project: An enhancement project that: (1) has statewide significance or is part of a large system or network and is sponsored by a state or federal agency; or (2) is required to implement any Federal Highway Administration (FHWA) statewide programs (e.g., non-conforming sign removal). Surface Transportation Program: A general program of transportation funding defined under Title 23, U.S.C., Section 133. Although there is no defined surface transportation system, it is a general purpose program for transporta~on activities on all roadways within the State (including the National Highway System) except those that are functionally classified as local, unless such roads were on the Federal-aid highway system as of January 1, 1991. The following types of projects are not restricted to a highway functional classification: (1) Bridge projects (2) Projects to mitigate damage to wildlife, habitat, and ecosystems caused by federally funded transportation projects (3) Carpool/vanpool projects (4) Fdnge and corddor parking facilities and programs (5) Bicycle transportation and pedestrian walkways (6) Highway and transit safety improvements and programs (7) Hazard elimination projects (8) Projects to mitigate hazards caused by wildlife (9) Railway-highway grade crossing projects Transit Enhancement Activities: Projects that enhance mass transportation services in urbanized areas greater than 200,000. This is a separate program created by the Transportation Equity Act for the 21st Century and is funded through the Federal Transit Administration, rather than through this Program. 1. SOLICITATION OF APPLICATIONS Transportation enhancement projects are identified, funded, and developed in the same manner as other transportation projects through the work program development process. There is no longer as great a need to inform specific interest groups and solicit projects as when the program was created in 1991 as a new funding source for traditionally non-eligible activities. Most interest groups and local governments are well aware of the program and the funding available in their respective areas. The District Director of Transportation Development or the designated Transportation Enhancement Coordinator may elect to conduct workshops or make specific request for enhancement projects in the event that 525-030-300-i Page 4 of 9 1.1 the eligible project requests do not consume the available program funds or there are identified communities that need additional information or assistance. Each District Director.of Transportation Development or designee shall be responsible for obtaining applications for transportation enhancement projects to develop a work program that utilizes the available District enhancement funding. To this end, the Districts may establish specific schedules for soliciting applications, reviewing applications, and making eligibility determinations. The Districts will generally coordinate the solicitation of applications through the appropriate MPO's and county commissions. 1.2 The Transportation Enhancement Program Manager in the Central Environmental Management Office (CEMO) shall be responsible for obtaining applications for transportation enhancement projects that qualify as statewide enhancement projects to be able to develop a work program .that utilizes the statewide program enhancement funding. The CEMO will generally solicit applications from other state or federal agencies that may be involved in transportation enhancement activities. 1:3 Any solicitation for applications should provide potential applicants as much information about the enhancement program as possible. The solicitation should indicate the level of funding available and the fiscal year(s) that the funds are available. Applicants should also be provided with information describing the eligibility requirements for transportation enhancement funds, and the selection, programming and implementation processes. 1.4 The solicitation for applications should be timed so that projects can be incorporated into the Five-Year Work Program development process and/or the MPO's Transportation Improvement Program (TIP) development process. These requirements are outlined in Procedure No. 360-020-00'1, Work Program Development and Adoption, and Procedure No. 525-0~0-025, Metropolitan Planning organization Administrative Manual. 1.4.1 In general, projects need to have been identified by the end of September to be included in the gaming cycle that begins the development of each tentative Five Year Work Program. The tentative work program will become the adopted Five Year Work Program for the next five fiscal years starting the following July first. 1.4.2 To coincide with the tentative work program development, MPO's begin their TiP development, earlier in the year by identifying a list of priority projects. 1.4.3 To meet work program and TIP development time frames, any needed solicitation of enhancement applications should be early in the calendar year to 525-030-300-i Page 5 of 9 allow time for application reviews, eligibility and feasibility determinations, TiP updates and tentative work program inclusions. Solicitation of applications should occur early enough to identify projects eligible for funding in the five-year work program beginn!ng in July of the following year. Any solicitations or applications received later in the year will result in those projects being held over for consideration for inclusion in the next work program and TIP development cycle. 2. APPLICATION 2.1 2.2 2.3 2.4 2.5 Applications ara encouraged to be submitted via a completed Application for Transportation Enhancement Projects. The sample application is attached as Appendix B. Each District shall designate a contact person to receive applications and answer questions regarding the application process for district enhancement projects. The CEMO shall designate a contact person to answer questions regarding the application process for statewide enhancement projects. All applications shall be submitted by the project sponsor. Applicants that cannot serve as a project sponsor (i.e., local interest group or non-profit organization) must obtain a sponsor for the project, and have the sponsor submit the application. An individual designated to act on behalf of the sponsoring agency must sign the application. Applications for all distdct enhancement projects located within a metropolitan planning area shall be submitted by project sponsors through the appropriate MPC. Applications submitted to the MPC will be reviewed (i.e., accuracy, worthwhile, and appearing to be eligible), and then forwarded by the MPC to the District. The MPC will forward only those applications that are included or considered candidates for inclusion in the MPO's TIP. Applications for district enhancement projects located outside a metropolitan planning area should be submitted by the project sponsor to the appropriate county commission for submission to the District. In cases where the sponsor is a local government other than the county, an application may be submitted directly to the District for an eligibility determination. However, in these cases, projects will be subject to review and approval by county commissions as part of the tentative work program development process. County commission review is not required for projects sponsored by Indian Tdbal Councils. Applications for all statewide enhancement projects should be submitted directly to the CEMO Manager. All statewide enhancement projects located within a 2.6 4 3.1 3.2 525-030-300-h Page 6 of 9 metropolitan planning area must be included in the adopted transportation improvement program (TIP) of the MPC, Applications may be accepted prior to a project being included in the TIP, but a TIP amendment will have to be approved to include the project prior to the federal authorization for the work. The CEMO shall insure that the applicant has coordinated with the MPC on any proposed projects located within a metropolitan planning area. If an application is determined to be eligible and feasible, the Distdct or CEMO should inform the applicant and/or sponsor of a tentative schedule for including the project in the work program. This will depend on the availability of funds, when the application is received with respect to the annual work program cycle, and the ability to implement the specific enhancement activity. If there is a specific solicitation for enhancement applications, the request for applications should indicate a.date by which the application must be received to be considered for funding under the specific solicitation. ELIGIBILITY All proposed enhancement projects shall be reviewed by designated District or CEMO staff to determine that the project qualifies as an eligible transportation enhancement activity for the use of federal funds. Eligibility will be determined in accordance with the. criteria contained in AppendlxA of this procedure. A determination as an eligible enhancement activity does not ensure the selection of a project for inclusion into the work program. Conversely, proposed projects should not be classified as ineligible based on the probability of not being selected for inclusion into the work program. Each application for a district enhancement project will be reviewed by the District Director of Transportation Development or designee for an eligibility determination. The District reviewer should notify the project sponsor or MPC/County whether ornot a proposed project qualifies as an eligible transportation enhancement activity. Ifthe project is submitted through an MPC or county commission, the MPC or County should also be notified by the District reviewer of the eligibility determination. Each application for a statewide enhancement project will be reviewed by the Transportation Enhancement Program Manager in the CEMO for an eligibility determination. The project sponsor shall be notified whether or not a proposed project qualifies as an eligible transportation enhancement activity or as a statewide enhancement project. PROJECT SELECTIONS AND PROGRAMMING 4.1 4.2 4.3 4.4 4.5 4.6 525-030-300-h Page 7 of 9 Only those projects determined to be an eligible and feasible transportation enhancement activity shall be considered for inclusion in the Department's work program. The selection of enhancement projects to be included in the work program shall be based on the work program development process and the following: The Work Program Instructions that are issued annually for developing each five- year work program must be consulted to insure that projects are programmed in accordance with current matching fund requirements. It is the District option to use "soft match" that results in a project being 100% federally funded. Projects on the State Highway system may use state (Department) funds for the federal match if the project is not 100% federally funded. Projects not on the State Highway system may split the federal match with the local government or sponsoring agency if the project is not 100% federally funded. The Distdct Director of Transportation Development or designee is responsible for selecting and ensuring that district enhancement projects are programmed and included in the Work Program for their district. The Districts may develop local selection criteria. The CEMO is responsible for selecting and programming a deliverable work program of statewide enhancement projects. The Assistant Secretary for Transportation Policy and the Assistant Secretary for Finance and Administration will review and approve each project included in the statewide enhancement work program. The selection of enhancement projects must take into consideration a pdodtization of projects by MPC's, county commissions, state agencies, or other jurisdictions that approve projects included in the work program for a particular area. When selecting enhancement projects for programming it is especially important to review the feasibility, ability to implement, and cost estimates for projects prior to inclusion in the work program. This is particularly true with projects that will be administered by the project sponsor. Due to the non-traditional transportation type of projects envisioned by the enhancement funding, the Distdct and CEMO production staff shall insure that all project phases that are programmed are logical and implementable. For projects that are to be administered by a local agency, the requirements in the Department's LAP Manual, No. 525-010-300, shall be followed. The enhancement project sponsor shall be notified after a project is included in the proposed work program. 5.2 5.3 5.4 5.5 5.6 5.7 525-030-300-h Page 8 of 9 · DEVELOPMENTS AND IMPLEMENTATION The enhancement program is not a grant program. Enhancement projects shall be administered like all other federal-aid highway projects in accordance with Title 23, U.S.C. and appropriate Department procedures. Due to the nature of some enhancement activities, it may be desirable to allow the project sponsors to administer portions of enhancement projects where allowed by State and Federal law. The Department's LAP Manual (Topic No. 525-010-300) shall be used for local agency managed work. Consideration may also be given to implementing some transportation enhancement projects using local youth Corps. All project phases must be authorized by the Federal Highway Administration to obtain reimbursement for costs. Any costs incun'ed pdor to the authorization are not eligible for federal-aid reimbursement. All projects are subject to National Environmental PolicyAct requirements. Many enhancement projects qualify as type 1 or programmatic categorical exclusions. Refer to Class of Action Determination, Part 1, Chapter 3 of the Department Project Development and Environment (PD&E) Manual (No. 650-000-001), Additionally, al! applicable federal rules and regulations shall apply to enhancement projects. Due to the nature of enhancement projects, some of the requirements for traditional transportation projects may not apply to an enhancement project. Such requirements will be addressed as appropriate and included in a joint participation agreement or contract for any work not administered by the department. The project must appear in the Department's five-year Work Program, the State Transportation Improvement Program (STIP) and the Transportation Improvement Program (TIP) where appropriate. When the Department is developing and implementing projects on the behalf of a project sponsor, the sponsor should be kept informed regarding the progress and status of the project by the Department's project manager. TRAINING There is no required training for this procedure. The Districts, MPO's, and/or county commissions may develop training or workshops regarding the transportation enhancement program to augment this procedure. Such training 525-030-300-h Page 9 of 9 and instruction may include scheduling requirements, workshops or other meetings, notifications or other information that is necessary to conduct the program atthe community and distdct levels. Any additional instructions must comply with the minimum requirements documented in this procedure, be in writing, and be distributed to interested parties by the Districts, MPO's, or county commissions. FORMS A SAM PLE Application for Transportation Enhancement Projects provided in this procedural document can be tailored or changed to fit specific circumstances, This sample is provided as a starting point for users. Samples are not official forms of the Department, APPENDIX A Page 1 of 19 APPENDIX a ELIGIBILITY CRITERIA AND IMPLEMENTATION GUIDELINES FOR TRANSPORTATION ENHANCEMENT ACTIVITIES The following are specific criteria and additional general guidelines to be used to evaluate and assess all transportation enhancement projects. This information is intended to assist Department staff'in reviewing, programming and managing transportation enhancement projects. A.1 TRANSPORTATION ENHANCEMENT (TE) ELIGIBILITY CRITERIA A.1.1 Project Linkage -The proposed enhancement project must relate to surface transportation. Surface transportation means all elements of the intermodal t~'ansportation system, exclusive of aviation. For the purposes of TE eligibility, surface transportation includes water and related features such as canals, lighthouses, and docks or piers connecting to ferry operations, as long as the proposed action is a listed TE activity. Actions related to aviation are not normally eligible for TE funds. A. 1.1.1 A. 1.1.2 A. 1.1.3 A.1.1.4 The relationship to surface transportation may be expressed in terms of function, impact or proximity, and should be fully discussed in the project application. For example: where runoff from an existing highway contaminates an adjacent water resource, and a transportation enhancement activity is proposed to mitigate the pollution caused by the run off;, a clear relationship to transportation or the highway exists. Another example might involve the acquisition of a scenic easement. The acquisition would be in connection with the preservation of a scenic vista related to travel along a specific route. Where a TE activity is for acquisition for scenic preservation purposes, and proposes to contribute to the visual experience of the traveler, but is a substantial distance away from a highway or transportation project, the TE activity must be determined to make a substantial contribution to the scenic viewshed. Given the nature of the list of eligible activities, it is not necessary that each TE activity be associated with a specific highway or transportation facility to be eligible for funding. Examples that illustrate this include; the rehabilitation of a histodc train structure, the provision of bicycle and pedestrian traits, or the establishment of a transportation museum. Proximity to a highway or transportation facility alone is not sufficient to establish a relationship to surface transportation. Additional discussion, beyond proximity, is needed in the project application to establish the A.1.1.5 APPENDIX A Page 2 of 19 relationship to transportation. For example, an historic building that happened to be adjacent to a particular highway facility would not automatically be considered eligible simply because of its location. For this to qualify, documentation would be required to demonstrate that the building's visibility to the traveler enhances the traveling experience. Conversely, a historic structure should not be disqualified fi.om consideration because it is not adjacent to a particular highway facility, as long as some other relationship to sun'ace transportation can be established. It is not necessary to have a TE activity function as an active transportation facility, either past or current, to qualify as an eligible TE activity. For example, a scenic or historic site may have a relationship to transportation but not function as a transportation facility. A. 1.1.6 Once a relationship to surface transportation is established, transportation enhancement activities can be implemented in a variety of ways. They can be developed as part of larger transportation projects, as part of larger joint development projects, or as stand-alone projects. A~1.2 Proposed transportation enhancement projects must be for one or more of the following activities as defined by federal legislation: (1). Provision of facilities for pedestrians and bicycles. (2) The provision of safety and educational activities for pedes~ans and bicyclists. (3) Acquisition of scenic easements and scenic or historic sites. (4) Scenic or histodc highway programs, (including the provision of tourist and welcome center facilities). (5) Landscaping and other scenic beautification. (6) Histodc preservation. (7) Rehabilitation of histodc transportation buildings, structures, or facilities (including historic railroad facilities and canals). (8) Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails); (9) Control and removal of outdoor advertising. (10) Archaeological planning and research. (11) Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity. (12) Establishment of transportation museums. A.1.3 The work involved in the enhancement project may consist of one or more of the following work activities, or work phases: A.1.4 APPENDIX A Page 3 of 19 lA) Planning activities that either: 1) lead to the development of a proposed network or program of projects that could lead to specific construction ~ projects; or 2) are specific planning activities for an individual ' enhancement activities. lB) Project development and environmental studies performed by either in house forces or by consultants. lC) Preliminary engineering, design activities, architectural services, and preparation of construction documents, including design and right of way surveys, performed by either in house forces or by consultants; (D) Right of way acquisition, including right of way support services, performed by either in house forces or by consultants. (E) Physical construction activities performed on a force account basis or by contract. (F) Construction engineering and inspection services performed by either in house forces or by consultants (only eligible in conjunction with construction activities). (G) Maintenance activities and operational activities are specifically excluded as eligible work activities. This includes personnel and administrative cost associated with toudst or welcome centers, museums, and the operation of histodc transportation facilities. The above activities and work phases are not eligible for funding as transportation enhancement projects if the proposed activity is a requirement or a standard portion of the construction or planned construction (any project with a construction phase contained in the current Adopted Work Program) for the proposed facility. This includes any required environmental or cultural resource mitigation activities, sidewalks for urban roadways, and other standard pedestrian and bicycle features included in transportation projects. Enhancement activities may be combined with other work and funded separately (a split funded project) if the enhancement activity would not normally be included or constructed as part of the other work. An example could be using enhancement funds to provide additional landscaping or a separate bicycle trail that may not routinely be included in a resurfacing, restoration and rehabilitation project. Routine maintenance on any type of facility is also not eligible for enhancement funding. A.2 TRANSPORTATION ENHANCEMENT IMPLEMENTATION GUIDELINES FOR ALL ACTIVITIES The process of selecting enhancement projects for implementation is more complex than determining if the project is eligible. Many proposed enhancement APPENDIX A Page 4 of 19 projects may be eligible, but depending on the work activity being proposed the project may not be implementable due to the absence of other necessary work activities such as design or right of way acquisition. For example, the construction of a bicycle trail is an eligible project. However, if the dght of way on which the trail is to be built is not in public control, and is not part of the proposed enhancement project, it would not be wise to select the project for funding and inclusion in the work program until the right of way issue is resolved. The following general guidelines should be considered when selecting transportation enhancement projects for funding and inclusion in the work program. A.2.1 A.2.1.1 A.2.1.2 A.2.1.3 A.2.1.4 Basic Guidelines The status of any necessary pdor work phases must be considered if not part of the proposed enhancement project work and cost. For example, a project proposed for the funding of construction activities only must address how the design and development of contract documents will be prepared. The reviewer should have an understanding as to how the proposed construction contract will be administered (LAP or Department) and what the plans, specification and estimate package requirements are. For any enhancement-funded phase of work proposed to be completed by a project sponsor, the sponsor must show that theY have the fiscal, managerial, environmental or engineering capabilities to manage the work activity consistent with federal requirements and regulations. (NOTE: Refer to the LAP Manual where the Department can review a sponsor's ability to perform eligible types of work in compliance with federal requirements and regulations, and provide the federal government with necessary certifications). The selection of projects for implementation may take into consideration a balancing of projects relative to enhancement activity and/or geographic distribution of enhancement funds. The selection of projects may take into consideration the level of public support for the project. Demonstrations of support may include but are not limited to: wdtten endorsements, formal declarations, resolutions, financial donations or other appropriate means. All projects must be consistent with appropriate local comprehensive land use and transportation plans, be included in the MPO's TIP, and have local government approval for inclusion in the Department's work program. A.2.1.5 APPENDIX A Page 5 of 19 The selection of projects may take into consideration a sponsor's commitment to fund associated work phases or provide contributions that are above the minimum matching requirements. A.2.2 Right of Way Guidelines A.2.2.1 Proposed enhancement projects may be located on or off federal and state transportation facilities or property; however, the public must hold a valid property interest in the project upon completion of the enhancement project if federal funds are utilized. A valid public interest may be out right ownership by a local government, a lease, a property easement, or a deed restriction that protects the investment of funds for the expected useful life of the project. An exception to this requirement is for enhancement projects for control of outdoor advertising, which, because of the nature of outdoor advertising, permit federal funds to be utilized for the removal and control 'of outdoor advertising signs that are located on private property. Another exception relates to the preservation, rehabilitation,' or operation of historic sites. Projects of this nature may be undertaken on private property if proper deed restrictions and maintenance agreements are obtained. For those projects not within public ownership, the approval of the Assistant Secretary for Transportation Policy is required. A~2.2.2 The general rule of thumb for the public property interest invoMng significant federal investments is that the public interest in, and access tothe activity should be in perpetuity. However, the extent of real property interest needed for the protection of the public interest in the expenditure of TE funds is somewhat dependent on the nature and magnitude of the expenditure. For example, if the project were simply to provide a gravel parking lot to be used to enhance a transportation use on lands under state ownership, a limited property use agreement would be sufficient. An expenditure of $5,000 for a gravel parking lot, with an agreement that the lot would be retained in that use for 5-7 years maybe reasonable. The expenditure of $1,000,000 to rehabilitate a historic train station would require a much longer time period to amortize the public investment. It would not be appropriate to spend the money to enhance the train station without a commitment that it would not be demolished and the historic integrity destroyed the next year, or the planned use for which the award was granted substantially changed. Major expenditures warrant that consideration be given to how, following the investment, the property will be maintained, and what will be the source of financial resources for necessary repair, renewal and rehabilitation. A.2.2.3 The status of dght of way issues may be a consideration in the selection and implementation of enhancement projects. The Federal Uniform Relocation Assistance and Acquisition Policies Act apply to all enhancement projects APPENDIXA Page 6 of 19 for'any acquisition or relocation activities that are undertaken after there is any anticipation or intent to use federal funds on any phase of the project. The requirements of the Act apply regardless of the funding source for the dght of way activities. Proposed enhancement projects that are located on property not currently in public ownership should be coordinated with the District Office of Right of Way. A.2.3 Environmental Guidelines A.2.3.1 All TE funded activities are subject to the National Environmental Policy Act of 1969 (NEPA). Considerable. flexibility and streamlining of the NEPA process is available for TE projects, and many projects qualify as type 1 or programmatic categorical exclusions, which are documentation processes that can simplify and expedite the NEPA process. A.2.4 Design and ConStruction Requirements A.2.4.1 The implementation of TE projects may be undertaken by the Flodda DOT, a local government, or, in some cases, by a pdvate non-profit organization. Design guidelines vary for each TE activity, and many are listed under the specific TE activity requirements. Design requirements as well as requirements for plan and specification documents will depend.on the organization performing the work. If the TE project is implemented by an organization other than the Flodda DOT, these requirements will be outlined in an agreement between the Florida DOT and that organization. Design and construction contracting must comply with f~:leral acquisition procedures. Funding provided through the TE program is based on a reimbursement process that requires prior approval and authorization of any work activity for it to be eligible for reimbursement, with the reimbursement coming after expenditure has been made by the implementing organization. A.2.5 Maintenance Requirements A.2.5.1 TE funds are not to be used for the operation and/or long term maintenance of eligible TE activities. All TE projects for acquisition or construction efforts must be maintained and/or operated for the intended project purpose to protect the public investment. This is usually the responsibility of the project sponsor or the organization that owns the property on which the TE project is located. A written maintenance agreement will. be required before funding ismade available for the TE project. The maintenance agreement should outline the strategies for upkeep and operation for the expected or reasonable service life of the project. Refer to Chapter 5, Section 4 of the LAP Manual and the 'Local Agency Program Agreement" and Exhibits contained in A.2.5.2 A.3 A.3.1 A.3.1.1 A.3.1.2 APPENDIX A Page 7 of 19 Chapter 2, Section 2 of the LAP Manual for additional guidance regarding maintenance agreements. The future maintenance of a project is similar to the protection of the public interest in the property. The general rule of thumb on maintaining projects involving significant federal investments is that the facility be preserved so that it will perform its function throughout the anticipated service life of the project. Establishing a service life for the time period that a facility must be maintained is somewhat dependent on the purpose of the project and the magnitude of the expenditure. For example, if the project were simply to provide $5,000 for a gravel parking lot to be used to enhance a transportation use, a limited service life would be sufficient and preservation of the gravel parking lot for 5-7 years would seem to be reasonable. The expenditure of several million dollars to provide a new multi-use trail would have a much longer anticipated service life. It would be reasonable to expect a facility like this to be preserved for a pedod of 12-20 years to amortize the public investment IMPLEMENTATION GUIDELINES FOR EACH TRANSPORTATION ENHANCEMENT ACTIVITY Any additional cdteda or requirements for each of the individual enhancement activities are outlined below. The ability to meet these requirements must be considered to the extent it can be determined when selecting projects for the work program, and fully addressed during the development and implementation of projects. Provision of facilities for pedestrians and bicycles Bicycle/pedestrian facilities must meet or exceed standard provisions for the safe accommodation of non-motorized users on or along roadways, as indicated in the Department's approved design standards. Facilities for pedestrians and bicycles are not eligible for enhancement funding when, in' accordance with Department design procedures, they should be included as incidental or routine components of other transportation projects. Sidewalks, bike lanes, paths and other elements typically called for in state and federal guidelines are to be included in all roadway and transportation projects when warranted. Enhancement funds can be used to augment such projects, complete gaps on existing corridors, link existing facilities, and otherwise help complete a comprehensive system. Bicycle/pedestrian facilities must meet the most recently approved planning and design requirements of the following: (1) Amedcan Association of State A.3.1.3 A.3.1.4 A.3.1.5 A.3.1.6 APPENDIX A Page 8 of 19 Transpor'/ation Officials (AASHTO): Guide for the Development of Bicycle Facilities, (2) FDOT: Florida Bicycle Facilities Planning and Design Handbook, (3) FDOT: Pedestrian Facilities Planning and Design Handbook, (4) the Americans with Disabilities Act Architectural Guidelines and (5)FDOT: Plans Preparation Manual, Volumes I and II (Nos. 625-000-005 and 625.000-006). For the construction of bicycle/pedestrian facilities not on the state highway system, or that will not be maintained by the Department, a wdtten commitment from a public agency for the maintenance and operation of the facility for the duration of its expected design life must be obtained. This maintenance commitment is required from the project sponsor as part of the application for the project. A written maintenance agreement will be required prior to obtaining federal authorization for construction. Bicycle/pedestrian facilities must be supported by a local or regional plan where applicable. All bicycle/pedestrian facilities and their features must be available and accessible to the general public during hours of operation. Examples of Qualifying Activities. New facilities: -Separate bicycle paths/multi-use trails -Feeder reutes -Bicycle/pedestrian grade separations -Bicycle parking facilities -Recreational trails/paths Improvements to existing roadways: -Paved shoulders -Bike lanes -Sidewalks (including sidewalks that complete systems identified in a community pedestrian plan) -Drainage modifications to accommodate bicycle/pedestrian facilities Amenities such as: -Seating -Pedestrian lighting -Informational signage and/or kiosks -Parking -Handrails -Rest rooms -Bicycle lockers and showers -Bike racks on transit vehicles or at transit facilities A,3.1.7 A.3.2 A.3.2.1 A.3.2.2 A.3.3 A.3.3.1 APPENDIX A Page 9 of 19 Examples of Non-Qualifying Facilities. -Facilities that have had recent construction or reconstruction, or have construction programmed in the five-year work program for similar work. -Replacement or reconstruction of existing sidewalks, paths and paved shoulders. -Retrofitting existing pedestrian or bicycle facilities for the sole purpose of meeting ADA requirements or to meet any other state or federal requirement. -Installation of street lighting or traffic signals that are not warranted solely for bicycle/pedestrian needs. Provision of safety and educational activities for pedestrians and bicyclists This includes non-construction safety-related activities and the reasonable costs to provide safety and educational activities such as bicycle and pedestrian safety training, cost of facilitators and classes. It may also include related training materials such as brochures, videotapes, other training aids, as well as rent for leased space and limited staff salaries. Long-term salary participation should be avoided. TE proposals Should be wdtten to reflect a definitive period for participation. When sataries are proposed as part of the TE project, they should be negotiated as part of the local buy-in to the project. The funded activities must be accessible to the general public or targeted to a broad segment of the general public. The activities must show a relationship to the surface transportation system, and as with all bicycle and pedestrian activities under the TE program, bike and pedestrian projects need not be located on Federal-aid highway routes, and are for non-construction activities, The development of campaigns, programs, educational materials including maps and brochures, and pedestrian and bicycle enforcement activities should integrate safety messages and educational opportunities for bicyclists and pedestrians. These activities should be coordinated with other safety programs and funding opportunities provided through local Community Traffic Safety Programs. Acquisition of Scenic Easements and Scenic or Historic Sites This category may be applied to the purchase, donation, transfer, or trade of lands which possess significant aesthetic, historic, archaeological, cultural, natural, visual, or open space values, including, but not limited to, land and property listed in or eligible for listing in the National Register of Historic Places. A.3.3.2 A.3.3.3 A.3:3.4 A.3.3.5 A.3.3.6 A.3.3.7 A.3.4 A.3.4.1 APPENDIX A Page 10 of 19 All property acquired must be placed in public ownership, under the control of a federal, state, or local government entity. A public interest may also be acquired by lease, easement, or deed restriction that protects the investment of funds for the expected useful life of the project. A wdtten commitment from the project sponsor to enfome appropriate mechanisms to preserve the significant resoume values of the property being acquired must be obtained. This maintenance commitment is required from the project sponsor as part of the application for the projec{. A wdtten commitment will be required pdor to obtaining federal authorization for acquisition of the property. For the acquisition of histodc sites, the proposed historical or archaeological resource must be listed or potentially eligible for listing on the National Register of Histodc Places (NRHP) as determined by the State Histodc PreServation Officer (SHPO). Prior to selecting projects for this category of work the ability to comply with federal regulations for real property acquisition, as specified in Chapter 2, Section $ of the LAP Manual must be checked. The willingness of the current owner to sell the property must also be evident because fight of way condemnation is not normally available for this type of acquisition. However, in no case may ~he project sponsor initiate discussions with the owner regarding the value of the property prior to federal authofizafion of the project. For projects that also include historic preservation or rehabilitation, see additional requirements in the following Sections A.3.6 and A.3.7. When including this type of enhancement activity in the work program, consideration to the availability of the site for purchase in the future (year being programmed) must be considered. Often these sites will be available for purchase for a limited pedod of time or may have matching funds available for a limited time. Scenic or Historic Highway Programs (including the provision of tourist and welcome center facilities). This category covers protection and enhancement of state or federally designated scenic or historic highways. Funds may be used for projects that will protect and enhance the scenic, historic, cultural, natural, and archaeological integrity and visitor appreciation of an existing highway and adjacent area. A.3.4.2 A.3.4.3 A.3.4.4 A.3.4.5 A.3.4.6 A.3.4.7 APPENDIX a Page 11 of 19 Projects to be funded under this category for scenic or historic highway activities will be determined eligible only if the application provides documentation that the highway is: 1) designated as scenic or historic by state or federal legislation; or 2) designated or determined to be eligible for designation through Department's Scenic Highways Program (Section 335.093, F.S.). Highways designated and approved through Department's Scenic Highways Program ara intended to preserve, maintain, and protect a part of Florida's cultural, historical, and scenic resources. Examples cf scenic or histodc highway projects include: interpretive plaques or restoration of historic lighting standards; historic aesthetic treatment on retaining walls and guardrails; aesthetically pleasing bridge rails for use on scenic highways or in areas of high visual sensitivity; or the development of corridor management plans required for designation through the Scenic Highways Program. The selection of projects for the provision of toudst and welcome centers must address maintenance and operation concerns for the center, as well as public ownership and control. For the construction of tourist and welcome centers not on the state highway system, or that will not be maintained by the Department, a written commitment from a public agency for the maintenance and operation of the facility for the duration of its expected design life must be obtained. This maintenance commitment is required from the project sponsor as part of the application for the project. A written maintenance agreement will be required pdor to obtaining federal authorization for construction. Tourist and welcome center facilities do not have to be on a designated scenic or historic byway, but there must be a clear link to scenic or historic sites. This connection should take into account the intrinsic characteristics that make an area or site scenic or historic. A historic site should have evidence of documented consultation and concurrence with the State Histodc Preservation Officer or similar authority for determining the historicity of a particular site. The eligibility for TE funding for the provision of toudst and welcome centers applies to both existing and new centers. This means that TE funds may be used for the construction of a new facility and/or the restoration of an existing facility. This would include those related construction actions necessary to provide the facility, such as interior fixtures and parking areas. TE funds can be used to purchase and install items which support or interpret the scenic or historic highway program or site including brochure racks for interpretive A.3.5 A.3.5.1 A.3.5.2 A.3.5.3 A.3~5.4 A.3.6 A.3.6.1 APPENDIX A Page 12 of 19 materials or maps or kiosks. TE funds cannot be used for statewide programs, marketing, or promotion not related to the scenic or historic highway program. TE funds cannot be used for staffing, operating costs, or maintenance. TE funds shall not be used to purchase items such as racks for advertising or brochures for local or'national businesses. Landscaping and Other Scenic Beautification This category includes landscape planning, design, and construction projects that enhance the aesthetic or ecological resources along transportation corddors. points of access, and lands qualifying for other categories of transportation enhancement activities. Enhancement funds shall not be used for any required customary landscaping or aesthetic treatments as part of the normal constru~on or reconstruction of transportation facilities. Landscape projects must be developed in accordance with Highway Landscaping, Chapter 14.40, Florida Administrative Code; Design Standards, No. 62~-010-003 (indexes 545,and 546); and FDOT's Plans Preparation Manual, Volumes I and II, (Nos. 625-O00-O05 and 625-000- 006), and the Highway Landscape, Beautification and Plan Review Procedure, (No. 650-050.001.) For the construction of landscape projects not on the state highway system, or that will not be maintained by the Department, a written commitment from a public agency for the maintenance and care of the project for the duration of its expected design life must be obtained. This maintenance commi~'nent is required from the project sponsor as part of the application for the project. A written maintenance agreement will be required prior to obtaining federal authorization for construction. Historic Preservation Projects in this category should enhance the transportation system by improving the ability of the public to appreciate the historic significance of the project itself or the area to be served by the project. Funds may be used for the identification, evaluation, recording, documentation, curation,, acquisition, protection, rehabilitation, interpretation, and restoration or any combination of the foregoing, of any historic or archaeological district, site, building, structure, landscape, or object included in or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Officer (SHPO). Projects in this category may satisfy the eligibility requirement of A.3.6.2 A.3.6.3 A.3.6.4 A.3.6.5 A.3.6.6 APPENDIX A Page 13 of 19 relationship to the surface transportation system through a pronounced visibility from the transportation system or by providing a conspicuous or prominent impact on the traveling experience. Projects whose features are the basis of scenic or historic highway designation also meet the relationship requirement. Projects must have a professional Historian, Architectural Historian, Histodc Architect, or Archaeologist meeting federal qualifications as outlined in 36 CFR 6~, Appendix A, Professional Qualifications Standards, serving in a principal capacity on the project: The proposed preseryation activities must be consistent with the historical value of the facility; A consistency determination must be obtained from the SHPO sometime before placing the proposed preservation activity in the work program. Protection, rehabilitation, restoration, maintenance, management, and stabilization projects must adhere to historic or archaeological p[eservation principles. All rehabilitation and restoration work must meet the Secretary of the Interior's Standards for Historic Preservation Projects. Identification, evaluation, documentation, and recording projects must adhere to the following requirements: (1) Historic site survey work must meet the Secretary of the Interior's Standards for Identification and Evaluation, including all applicable federal, state, and local standards; (2) Documentation and recording must meet the standards .of the Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation; (3) Historical documentation must be conducted according to the Secretary of the Interior's Standard for Historical Documentation; and (4) Archaeological surveys must meet the Secretary of the Interior's Standards for Identification, Evaluation, and Archaeological Documentation. Histodc preservation activities may be carried out on properties not in public ownership provided the owner is willing to accept a preservation covenant attached to the deed of the property. Refer to Chapter 2, Section 5 of the LAP Manual. A.3.6.7 A.3.7 A.3.7.1 A.3.7.2 A.3.7.3 A.3.7.4 A.3.7.5 A.3.7.6 A.3.7.7 APPENDIXA Page 14 of 19 For the construction of historic preservation projects that will not be maintained by the Department, a written commitment from a public agency or the property owner for the maintenance and operation of the facility for the duration of its expected design life must be obtained. This maintenance commitment is required from the project sponsor as part of the application for the project. A wdtten maintenance agreement will be required pdor to obtaining federal authorization for construction. Rehabilitation of Historic Transportation Buildings, Structures, or Facilities (including historic railroad facilities and canals) Histodc transportation buildings aro buildings or structures associated with passenger and freight use, construction, or maintenance of any mode of transportation where such building is listed in or eligible for listing in the National Register of Histodc Places as determined by the State Histodc Preservation Officer (SHPO). Structures and facilities include tunnels, bddges, trestles, embankments, roils, or other guideways, rolling stock, canal viaducts, tow paths, locks, lighthouses, stations, and other manmade transportation features integrally related to the operation, passenger and freight use, construction, or maintenance of any mode of transportation. Rehabilitation means the process of retuming the property to a state which makes possible a contemporary use while preserving the significant histodc features of that property. Projects must have a professional Historian, Architectural Historian, Historic Amhitect, or Archaeologist meeting federal qualifications as outlined in 36 CFR 61, Appendix A, Professional Qualifications Standards, serving in a principal capacity on the project. The proposed rehabilitation or operation activities must be consistent with the historical integrity of the facility and a "no adverse effect" determination should be obtained from FHWA and SHPO before placing the proposed activity in the work program. Rehabilitation work must meet the Secretary of the Interior's Standards and Guidelines for Rehabilitation. Activities under this category may be carried out on properties not in public ownership provided the owner is willing to accept a preservation covenant attached to the deed of the property. Refer to Chapter 2, Section 5 of the LAP Manual. APPENDIX A Page 15 of 19 A.3.7.8 A.3.8 A.3.8.1 A.3.8.2 A.3.8.3 A.3.8.4 A.3.8.5 For the construction of activities in this category that will not be maintained by the Department, a wdtten commitment from a public agency or the property owner for the maintenance and operation of the facility for the duration of its expected design life must be obtained. This maintenance commitment is required from the project sponsor as part of the application for the project A written maintenance agreement will be required prior to obtaining federal authorization for construction. Preservation of Abandoned Railway Corridors (including the conversion and use thereof for pedestrian or bicycle trails) This category includes the planning, acquisition, rehabilitatiOn and development of corridors for public uses including bicycle and pedestrian use. It permits the development and rehabilitation of privately owned rail corridors open to the general public without charge. Prior to selecting projects for this category of work the ability to comply with federal regulations for real property acquisition, as specified in Chapter 2, Section 5 of the LAP Manual should be considered by the reviewer(s) if the rail corddor is not already in some form of public ownership. Coordination with department Right of Way staff is strongly encouraged. The willingness of the current owner to sell the property mustalso be evident because right of way condemna~on is not normally available for this type of acquisition. However, in no case may the project sponsor initiate discussions with the owner regarding the value of the property pdor to federal authorization of the project. For the construction of pedestrian or bicycle trails that will not be maintained by the Department, a written commitment from a public agency or the property owner for the maintenance and operation of the facility for the duration of its expected design life must be obtained. This maintenance commitment is required from the project sponsor as part of the application for the project. A wdtten maintenance agreement will be required prior to obtaining federal authorization for construction. Due to the nature of rail corridors, a level 1 contamination screening evaluation as described in Part 2, Chapter 22 of the PD&E Manual is recommended prior to programming the acquisition of railway corridors. Projects that ara for the conversion of railway corridors to pedestrian or bicycle trail must also meet the additional requ'irements included in Section A.3.1. A,3.9 A~3.9.1 A.3.9.2 a.3.g.3 A.3.9.4 A.3.10 A.3.10.1 A.3.10.2 A.3.10.3 A.3.10.4 APPENDIXA Page 16 of 19 Control and Removal of Outdoor Advertising. This category covers expenditures for the removal of existing signs, displays, and devices. Projects must comply with a legal process that bases payments for removal on an equitable appraisal. Qualifying activities must be coordinated with and approved by the Outdoor Advertising Section located in the Central Office of Right of Way. Normally, signs to be removed must be non-conforming (not in compliance with the requirements of Chapter479, Florida Statutes, or Chapter 14-10, Florida Administrative Code) to baa qualifying activity. However, any lawfully erected signs on a designated scenic highway may be eligible for removal as a qualifying activity if local governments have provided by ordinance that the signs removed may not be re-erected on the scenic highway. All qualifying activities to remove outdoor advertising signs must comply with the requirements of the Federal Uniform RelOcation Assistance and Real Property Acquisition Policy Act. Archaeological Planning and Research This category includes, but is not limited to, research on sites eligible for transportation enhancement funds; experimental projects in archaeological site preservation and interpretation; planning to improve identification, evaluation, and treatment of archaeological sites; development of national and regional research designs; and data recovery and synthetic research. Projects should be used for research or interpretation cf sites associated with transportation facilities. This category is not for routine excavations. Projects that deal with a specific historical or archaeological resource must be for a resource that is listed or potentially eligible for listing on the National Register of Historic Places (NRHP) as determined by the State Histodc Preservation Officer (SHPO). Projects must employ or include a professional serving in a principal capacity that meets federal qualifications for Archaeology as outlined in 36 CFR 61, Appendix A, Professional Qualifications Standards. For preservation or interpretation activities, a current or realistic planned use or protection consistent with the historical or archaeological value of the site must be provided/discussed in the application. A.3.10.5 A.3.11 A.3.11.1 A.3.11.2 A.3.11.3 A.3.11.4 APPENDIX A Page 17 of 19 All surveys must meet the Secretary of the Interior's Standards for Identification, Evaluation, and Archaeological Documentation;' Environmental mitigation to address water pollution due to highway runoff or reduce Vehicle-caused wildlife mortality while maintaining habitat connectivity. The mitigation to address water pollution due to highway runoff is limited to facilities and programs minimizing pollution from storm water runoff from transportation facilities that are in addition to current requirements and procedures for such mitigation. Projects that demonstrate aesthetic and ecological methods for mitigation and enhance recharge are encouraged. The selection of projects related to highway runoff should be based on documentation that supports a water quality impairment directly related to highway runoff that indicates the severity of.that problem. This can be accomplished by (1) providing water quality data such as sediment loads, heavy metals, inorganic salts, and oil and greases or by providing pictures identifying the source of problem, (2) documenting impacts including fish kills and algae growth, or (3) providing other sufficient documentation. The construction of mitigation or water pollution control projects, projects to reduce wildlife mortality, and transportation museums that will not be maintained by the Department, will require a written commitment from a public agency for the maintenance and operation of the facility for the duration of its expected design life must be obtained. This maintenance commitment should be obtained from the project sponsor as part of the application for the project. A wdtten maintenance agreement will be required pdor to obtaining federal authorization for construction. Many projects in this category will require a monitoring plan to measure the success of the proposed project. The project sponsor should demonstrate the ability to implement and monitor the success of the mitigation proposal prior to project selection and programming. Monitoring requirements should be included as part of any maintenance agreement for the project. A.3.11.5 Projects to reduce vehicle-caused wildlife mortality while maintaining habitat connectivity must describe how the properties adjacent to the highway are being managed to sustain the wildlife both at the present and in the future. Proposals for separate wildlife crossing structures or facilities must address how the wildlife will be channelized to the crossing structures. Coordination with and the support of the Flodda Fish and Wildlife Conservation A.3.12 A.3.12.1 A.3.12.2 A.3.12.3 APPENDIX A Page 18 of 19 Commission is highly recommended prior to selecting or implementing any projects under this enhancement activity. Establishment of Transportation Museums Transportation Museums established using TE funds must meet the following definition cf a museum. The facility must; (1) be a legally organized not-for- profit institution or part of a not-for-profit institution or government-entity; (2) be essentially educational in nature; (3) have a formally stated mission; (4) have one full-time paid professional staff member who has museum knowledge and experience and is delegated authority and allocated financial resources sufficient to operate the museum effectively; (5) present regularly scheduled programs and exhibits that use and interpret objects for the public according to accepted standards; (6) have a formal and appropriate program of documentation, care, and use of collections and/or tangible objects; and (7) have a formal and appropriate program of presentations and maintenance of exhibits. Establishment of transportation museums may provide funding of capital improvements. The funds are not intended to reconstruct, refurbish, or rehabilitate existing museums, nor portions of museums, that are not for transportation purposes. It does not cover operations or maintenance of the facility. The museum must be related to surface transportation. Establishment of transportation museums may include the costs of the purchase of artifacts necessary for the creation and operation of the facility. Displays, segments of buildings, or objects not directly related to transportation may not be funded with TE funds. TE funds may be used to build a new facility, add on a transportation wing to an existing facility, or convert an existing building for use as a transportation museum. The museum must be open to the public and run by a public, non-profit or not- for-profit organization meeting the definition of museums stated above in this section. If entrance fees ara charged for the museum a portion of the fee should be provided for the long-term maintenance and operation of the facility. Attachment 2 FDOT District 4 Enhancement Program Guidance ENHANCEMENT PROGRAM GUIDANCE FDOT DISTRICT IV Year 2004 Application Cycle for the FY 2005/06-2009/10 Tentative Work Program Some of the key elements found in the Transportation Enhancement Projects procedure, Topic No. 525-030-033-i and its appendices, that may facilitate development of project applications are as follows: AppHeafion Form Duplicates may be made of the attached application form, which is the only acceptable application format and must ~ be re-typed or altered in any way. Information that does not fit on the application form may be placed on additional sheets of paper, which appropriately reference the Item numbem. Four (4) sets of each completed application package must be submitted to the District Office of Moral Development for review. Item 3. (a) of the Application form, which inquires about the proposed method of performing and administering each work phase of the project, must be completed in its entirety. Particular attention should be devoted to indicating what entity will be responsible for each phase of work. (Please see the Local Agency Program (LAP) section on the follov, qng page regarding the Department's encouragement of project applicants to complete work phases through this program.) Eligible projects from previous years need to be re-submitted even though these projects are "grandfathered" and remain eligible. It is the responsibility of the MPOto determine which of these projects are still viable, and to include the "grandfathered" projects into this year's pre-eligibility priority ranking. It is not mandatory that prior year projects be re-submitted, but is lef~ to the MPOs' discretion. The MPO must transmit all applications, along with a summary that clearly differentiates which ones are "grandfathered" by the June 4, 2004 deadline. Item 4 on the Application form (Project Cos0, should include a breakdown of project costs by project phase. This breakdown should clearly delineate enhancement funds ~om local funds, per applicable phase shown on the Application form. A more detailed project cost breakdown (estimate) should additionally be provided for use in determlnlng project constmctability. The following are the policies, programming methodology, and timetable, which District Four has established for the Year 2004 Enhancement application cycle of the FY 2005/06 - 2009/10 Tentative Work Program: Roles & Respousibilifias All completed applications are to be sufimitted by the applicant to the appropriate iMPO for projects located within the Metropolitan Planning Area Boundary, or to the County Commission for projects located outside the boundary; It is understood the term "MPO" in this guidance henceforth implies "County Commission" for any candidate project located outside the Metropolitan Area Boundary. As in previous cycles, the MPOs should solicit project applications by providing the necessary information to municipalities and local imerest groups. It is recommended a copy of this correspondence and attachments provided by the Department be forwarded to all potential applicants in both hard copy and electronic format. The MPOs' role will continue to be the same as ia the previous cycles. Project applicants are expected to work directly through their respective MPOs when submitting their applications for eligibility and throughout the process until the project is programmed in the Departments' Tentative Five Year Work Program. This includes notifying the project sponsor of their project(s) eligibility determination, and when the project will be funded in the Departments' Five Year Tentative Fgorl~ Program. The MPOs will screen applications for content, including material such as typical sections, and accuracy; ensure that project applicants are properly identified; and eertif~ that applications comply with the requirements of the Enhancement Procedure. The MPOs shall notify all prospective applicants that proposed projects are subject to: - A positive finding of eligibility and "constructability" by the Department;. - Project ranking.determined by the MPOi ** Please note to applicants that a high ranking by an MPO is not an asSurance or guarantee of project eligibility. - Availability of Enhancement Program fimding levels; and - Production capabilities by the Department or local agencies through the LAP Process. By June 4, 2004 each MPO shall submit applications and a "pre-eligibility ranking" to the District Office of Modal Development, which priorifizes candidate projects. This assisB the Department ia minimizing the amount of field reviews. Official IMPO Board action is not required at this time, but will be required for the finalized Enhancement project ranking as part of the List of Priority Projects, which is submitted to the Depa~'anent by September 30 of each year. Local Agency Program Project applicants are encouraged to become LAP-certified. This process helps to ensure a project will be commenced and completed as the applicant envisions. Once certified, sponsors are encouraged to manage all project phases for which they are certified. In most cases, local --agencies are able to complete Enhancement projects more efficiently, expending less time and. money than the Department would spend. Please see the Departments' guidance on LAP at: http://www2.d~t.state.~~us/procedura~d~~uments/Pr~~edures/bin~525~ ~ ~3~~/525~ ~ ~3~~.pd~ f~r more information, or contact Mr. Steve Gonot, the District Four LAP Admin., at (954) 777-4309. Historic Preservation The sixth qualifying Enhancement activity is "Rehabilitation and 0pemtion of Historic Transportation Buildings, Structures, or Facilities (including historic railroad facilities and canals)". These buildings, structures, or facilities must be eligible, or show the potential to be eligible for listing in the National Kegister of Historic Places as determined by the State Historic Preservation Office (SHPO). Candidate projects under this activity must indicate that all SHPO critetia are met at the time the application is submitted and a copy ofthe conceptual agreement between the applicant and the SI-IPO must be attached to the application form. Righ~of-Way District Four will not be accepting applications for which there may be any type of right-of-why acquisition or concerns unless the application is for "Acquisition of scenic easements and scenic or historic sites". All property (right-of, way) to be used in a transportation enhancement project(s) m~st be in public ownership, under the control of the local government. Public Ownership must be certified by the project sponsor prior to final approval of the application. The local government must demon~u~te support for the project by having sufficient real property interest in the form of a deed restriction, lease or easement that protects the investment of funds for the expected useful life of the project. Please be aware: A project becomes federalized as soon as there is any anticipation or intent to use federal funds on a project. Any discussions held by local and/or state officials regarding the intended or potential use of transportation enhancement dollars on anY phase of the project results in the project being federalized. Therefore, every proj oct for which the Department has received an application for enhancement funds is considered federalized whether or not the application has been approved. Failure to comply with federal requirements of fight-of-way activities from the time of federalization forward will result in the project being ineligible for federal funding, Project sponsors are strongly encouraged to contact Mr. Van Noilly of the District Four Right-of-Way Office (954) 7774287 regarding tight-of-way questions, and the impacts of utilizing federal aid for furore projects. Programming Recognizing the Department may determine some applications for proposed projects ineligible, the MPOs may accept applications that total twice the available Enhancement funding level. Those applications that exceed the threshold should be retained in your office in the event your MPO's program level might change later in the process. The approximate mount of Enhancement dollars to be programmed for the Indian River County MPO during this cycle is $272,000. Therefore, applications totaling $544,000 or less will be accepted by the Department for review. Please make applicants aware that changes to the project scope or local funding commitment subsequent to project eligibility and programming will require approval of the MPO in order for the Department to commit the Enhancement funds as part of the LAP Agreement. Attachment 3 FDOT Application for Transportation Enhancement Projects Project Title: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SAMPLE APPLICATION FOR TRANSPORTATION ENHANCEMENT PROJECTS 2/2003 Page 1 0f3 Project Sponsor (municipal, county, state, or federal agency, or tribal council): Contact Address Title Phone FAX Priodty (relative to other applications submitted by the Project Sponsor). Name of Applicant (If other than Project Sponsor): 1. Qualifying EnhancementAcfivitias: . Check the enhancement activity that the proposed project will address. (NOTE: Checking all activities possible does not ensure or increase eligibility. Each activity checked must meet all criteria listed for that activity in Appendix A of FDOT Procedure ~f.525-030-300, TranSportation Enhancement Projects). Provision of facilities for pedestrians and bicycles The provision of safety and educational activities for pedestrian and bicyclists Acquisition of scenic easements and scenic or historic sites Scenic or historic highway programs, (including the provision of tourist and welcome center facilities) Landscaping and other scenic beautification Histodc preservation Rehabilitation of historic b'ansportation buildings, structures or facilities (including histodc railroad facilities and canals) Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails) Control and removal of outdoor advertising Archaeological planning and research Environmental mitigation to address water pollution due to highway runoff or reduX-Vehicle- caused wildlife mortality while' maintaining habitat connectivity Establishment of transportation museums 2. Project Description: Use additional sheets as necessary to respond to the following: (a) What type Of work is being proposed? (Check all that apply) Planning Activities : Project Development and Environmental Studies Engineering and Final Plans Preparation Work Right of Way Acquisition Construction Construction Engineering and Inspection Activities 02/2003 Page 2 of 3 (b) Describe how the proposed project is related to the intermodal transportation system by either function, proximity or impact. (One or more may apply). (c) Where is the project located (and what are the termini, if appropriate)? include location map. (d) Summarize any sPecial characteristics of project. Provide typical section drawings for appropriate projects. (e) Descri.be the project's ex[sting right of way ownerships. This description shall identify when the right bT way was acquireo and how ownership is documented (i.e. plats, deeds, prescriptions, certified surveys). (t) ,.De.s.'..cribe any proposed right o..f .w. ay acquisition, including expected matching fund source ~imitations on ~und use or availability, and who wi l acquire and retain ownership of proposed dght of way. (g) Describe any related project work phases that are already complete or currently underway. (h) Other specific project information that should be considered. 3; Project Implementation Information: Attach documentation as exhibits to this application. (a). Describe the proposed method of performing (i.e. contract or in-house) and administering (i.e. local or state) each work phase of the project. If it is proposed that the project be administered by a governmental entity other than the Department of Transportation, the agency must be certified to administer Federal Aid projects in accordance with the department's Local Agency Program Manual (topic no. 525-O10-300). (b) De.scribe any publi.c (and pdvate, if applicable) support of the proposed project. (Examples inc~uae: written enaorsement, formal declaration, resolution, financial donations or other appropriate means)~ (c) Descdbe the propo~e~J Ownership and maintenance responsibilities for the project when it is completed. (d) Describe source of matching funds and any restrictions on availability. (e) Other specific implementation information that should be considered. 2r2oo3 r- j ["ro'ec' Cost: Page 3 of 3 4. What is the total estimated cost of the work requested to be funded as an enhancement project through {his application? Planning Activities. $ Project Development and Environmental Studies. $ Engineering and Final Plans Preparation Work. $: Right of Way Acquisition. $. ConstnJction. $. Construction Engineering and Inspection Activities. Other. (Describe) How will the project be funded? FDOT Enhancement Funds $ FDOT Enhancement Funds TOTAL: $ $ $. + Local $ = Total $ __%+ Local %= 100% CERTIFICATION OF PROJECT SPONSOR hereby certify that the proPOsed project herein described is supported by (municipal, county, state or federal agency, or tribal COuncil)' and that said.entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with the Flodda Department of Transportation; (3) comply with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way actions required for the project, and (4) support other actions necessary to fully implement the proposed project. I further certify that the estimated costs included herein are reasonable and understand that significant increases in these costs could cause the project to be removed from the Fledda Department of Transportation work program. FOR FDOT USE ONLY YES NO Application Complete Project Eligible Implementatioa Feasible Iaclude is Work Program Signature. Name (please type or print) T~le Date Attachment 4' MPO Evaluation Criteria Enhancement Project Evaluation Criteria A description of each of the criterion that will be used to. rank enhancement projects is as follows: Adjacent Roadway Volume Adjacent Roadway Volume is included as a criterion to measure the mount of public benefit that a project provides. It measures both the relative need for a bicycle or pedestrian project and the amount of potential visual exposure to a landscaping or streetscaping project. Bike/Ped and Comprehensive Plan Priority This criterion measures the importance/need for an enhancement project based on whether the project is listed as a priority in an adopted plan. The MPO's adopted Bicycle and Pedestrian Plan is the MPO's policy document for funding sidewalk/bikepath projects in the MPO area and includes a listing of each sidewaik/bikepath project planned in the MPO area~ In addition, major streetscaping and redevelopment efforts are often included in County or Municipal Comprehensive Plans. Ability to Leverage Other Funding In ranking projects, it is efficient to determine whether newly funded projects can attract or complement other funding, thereby leveraging the new money. Continuous Adjacent Network This criterion was developed to reward projects that extend the physkal limits of previous projects, thereby providing system-wide continuity for the bike/ped network or a continuous corridor-wide effect for a landscaping or streetscaping project. Cost/Mile Cost of the project on a per-mile basis was included as a criterion to maximize efficient use of the limited enhancement resources. Provides "Safe Path to School" This criterion was developed to prioritize projects that promote school-lone safety consistent with FDOT's "Safe Paths to School" campaign. II. Scoring the Proposed Criteria The scoring ~ystem for the criteria is based on a 0 to 5 point scale. Projects may be awarded, 0, 1, 3 or 5 poets, depending on whether or not the project meets the criterion and, if it does, how well' the project meets the criterion. !Criterion Scoring. Adjacem Roadway <8,000 = 1 Volume (2001 AADT) 8,000 - 10,000 = 3 >10,000 = 5 Bike/Ped and Included as High Priority on Plan = 5 Comprehensive Plan Included as Low or Medium Priority on Plan = 3 Priority Not included on Plan = 0 Ability to Leverage Other Project leverages other fanding = 5 Funding Project does not leverage other funding = 0 Continuous Adjacent Connects adjacent improvements on Two Sides = 5 : Network Connects adjacent improvements on One Side = 3 Does not connect to adjacent improvements = 0 Cost/Mile ($) <$100,000 = 5 $100,000 - $200,000 = 3 >$200,000 = 1 Provides "Safe Paths to Provides a safe path to a school -- 5 School" Provides crossing improvemenffe~hances a path to a school = 3 Does not impact schools = 0 'dtlanti¢ Town of Orchid Town of indian River Shores 0 Attachment 5 ~ MPO Planning Area 2004 enhancement applications must be received by the MPO by May 3, 2004. Contact the MPO at 226-1455 with questions regarding the enhancement application process. MPO Planning Area Indian River County Municipalities City of Sebastian, Florida Subject: Resolution No. R-04-17 Vacation of Easement - Gudgeon Lots 8 & 9, Block 70, Sebastian Highlands Unit 2/ app~~ Terr~'R. M o~:~' AgendaNo. GLi~ t t(z~ . Man~ent Department Origin: G~ City Attorney: . City Clerk: Purchasing/Contracting:. Finance Director: Date Submitted: 4/20/04 For Agenda of: 4/28/04 Exhibits: 1) R-IM-17 2) Site Map 3) StaffReport 4) Engineering Letter 5) Grant of Easement 6) Application 7) Utility Letters EXPENDITLrRE REQUIRED: None AMOUNT BUDGETED: None SUMMARY IAPPROPRIATION REQUIRED: None This is a request for a vacation of the side public utility and drainage easements located on the southem ten (10) feet of Lot 8 and the northern five (5) feet less the western most ten (10) feet of Lot 9, Block 70, replat of a portion of Sebastian Highlands Unit 2, 501 Frink Avenue. The applicant wishes to construct a single family dwelling on a lot and a half. The property owner has agreed to grant a new fifteen (15) foot utility easement along the southern property line. RECOMMENDED ACTION Make a motion to adopt Resolution No. R-04-17. RESOLUTION NO. R-04-17 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 8 AND 9, BLOCK 70, REPLAT OF A PORTION OF SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS lq'EREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a bnild'mg permit is sought for construction of a new single-family residence at 501 Frink Avenue within the City of Sebastian; and WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of the public utility and dra'mage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY TI~IE COUNCIL OF TFIi*~ CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The southeastern most ten (10) feet of Lot 8, and the northwestern most five (5) feet of Lot 9 (less and except the southwestern most ten (10) feet thereof), all being in Block 70, replat of a portion of Sebastian Highlands Unit 2, as recorded in Plat Book 6, Pages 89 thru 89 B of the Public Records of Indian River County, Florida, Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. EFFECTIVE DATE. upon its adoption. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public This resolution shall take effect immediately The foregoing Resolution was moved for adoption by The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Nathan McCollum Vice Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Michael Hepinstall Councilmember Lisarme Monier The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2004. CITY OF SEBASTIAN, FLORIDA Councilmember ATTEST: By: Nathan McCollum, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney BOUNDARY SURVEY ABANDONMENT OF EASEMENT Staff Report Project Name: Residence for Mark D. Gudgeon Requested Action: Abandonment of the public utility and drainage easements located on the southern ten (10) feet of Lot 8 and the northem five (5) feet less the western most ten (10) feet of Lot 9, Block 70, Replat of a portion of Sebastian Highlands Unit 2. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 501 Frink Avenue Lot 8 & Lot 9 less the southerly forty (40) feet, Block 70, Replat ora portion of Sebastian Highlands Unit 2 Mark D. Gudgeon P.O. Box 1006 Roseland, Florida 32957 MGB Construction, Inc. 945 Sebastian Boulevard, #3 Sebastian, Florida 32958 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the public utility and drainage easements platted on the southern ten (10) feet of Lot 8 and the northern five (5) feet less the western most ten (10) feet of Lot 9, Block 70, Replat of a portion of Sebastian Highlands Unit 2. The client wishes to construct a single-family dwelling on a lot and a half. b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: Florida Power & Light: Bellsouth: Comcast Cable: Indian River County Utilities: City Engineer (drainage): approved approved, verbal approved approved approved, with conditions (see attached letter) Growth Management Department Comments: The Grant of Easement requested by the Engineering Department has been submitted by the property owner and will be recorded with the Resolution abandoning the easement, if so approved. Staff Recommendation: Approve Resolution R-04-17. Prepared by Ell/0F HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 · FAX (772) 589-5570 February 26, 2004 Susan Turner MGB Construction 945 Sebastian Blvd., ff-3 Sebastian, FL 32958 (Tel 589-9525) Dear Susan, In response to your written request in your letter dated 23 Feb 04, this is to advise and confirm that the City Engineering Department has no ol3iection to your proposed relocation of the existing ditch and easement (a total of 15 feet in width) from its present location to a new location along the north side of Lot 9 Block 70, all as shown on the survey attached to your letter. We understand the entire 15 feet of the ditch and easement will remain in its entirety on the same lot and that you will now undertake all of the tasks required for replatfing. If you have further questions or comments, please contact either Ken Jones or Phiilip Patnode in the City Engineering Department at 589-5490. Regards, Dave Fisher City Engineer "An Equal Opportunity Employer" Celebrating Our 75tll Anniversary GRANT OF EASEMENT This Grant ot~ Easement entered into this o~ / day of ~t,~,~ !/.. ,20 O ~/, between Mark D. Gudgeon, 501 Ffink AvenuE, Sebast/an, Florida (hereinafter called GRANTOR.) and the City of Sebastian, Florida, 1225 M~fm Street, Sebastian, FL 32958 (hereinafter called GRANTEE) sets forth as follows: THAT 12q AND FOR consideration of abandonment of other easements and other valuable considerations, GRANTOR hereby gives to GRANTEE an easement for drainage and utility purposes, for the exc.lusive use of the lands hereto, over the following real property situate in Indian River County, Florida: The southmost fifteen (15) feet of Lot 8 and Lot 9 less the southerly forty (40) feet, Block 70, Replat of a portion of Sebastian Highlands Subdivision Unit 2. This Grant of Easement is for the benefit of the public. This easement shall be binding on the heirs, beneficiakdes and assigns of the parties and shall mn with the land. IN WITNESS WHEREOF, I have hereunto set my hand this ~/ day of witness State of Flor/da County of Indian River: VI BEFORE ME, the undersigned authority, this day personally appeared /q/Ct~ ~o,d,~¢0n/, who first by me being sWorn, says that he is the GRANTOR set forth above ak/d has read the GRANT OF EASEMENT and voluntarily and with full authority entered into the same, and is ~ersonall¥ known to me or has produced as identification th/s day of ,20 Notary Public, State of Florida My corrLmission expires: /0 -//-J~ oo,~ Application No.. City of Sebastian Development Order Application Appllc~llt {If not owner? w, ;~.~An al~.ho/tza~on (notarized) from ow~ler is r~quimd} Name: Mark D, Gudgeon Address: POBoxl006 J /~3.5~..~¢ FL. Phone Numben ( 772) 581 ' 3886 F~( Numben ( ) Name: same Phone Number, ( ) - FAX Numbec ( ) I Type of permit or action requested:Abandonment of 10' PU&DE at S/S of Lot 8 Block 70 and the 5' PU&DE at N/S of Lot 9 Block 70 COPIES OF AU. MAPS, ~UEVEY~, ORAWIN~3~, I~l'C. S.NALL mE ATTACHED AND 81/2' aY 11 ' c~3~1¢=s oF ANY AI'I'^¢HMENT8 SHALL 8E INCLUOED. ATTACH THE APPEQPRIATE ~IUPf~I. BI~=TAL INFORMATION FORM. A. Project', Name (lfapCk:a~la): Gudgeon Site Information ~'~ ~'-,'~ L~y~,':~,;v~ 5'O1 ~K~ ~and pa~ 70 Un~ 2 su~o.: Sebastian Highlands I~ian ~er ~ P~ ~ 31-38-12-00002-0700-00008.0 ~ Cl~n: RS F~m ~nd u~: singte family residence ~ U~: Pm~ U~: vacant land single family residence I~r~): Lot 9 Block 70 Unit 2 DATE RECFJVED: .~._//f//~_~ C. Description of proposed activity and puqxtse of the requested Permit or action (-;:-ch e=rtra eheet~ [f abandonment of PU&DE between Lot 8 Block 70 Unit 2 and pa~ of : FEE PAID: RECEIVED BY; ,~2_~/~--__, .... D. Project Personnel: Name: William Ballough 945 Sebastian Blvd.; Sebastian, FL 32958 Pl~one Nu~. ( ) 589:7472 FAX Number. ( E-Mail: 589-'0663 Attorney: Name: N/A Phene Number:, ( ) FAX Number. ( ) E-Mail: Erl~lltll~r: Ron Keller US 1 Sebastian, FL 32958 Ph~.. Numa.: ( ) 589-0'712 E-Mail: FAX Number:. ( ) 589-6469 Surveyor:. Name: Cecrle Land Surveyincj, Inc 10749 US 1 Suite A; Sebastian, FL 32958 P~one Numl~r:. ( ) - FAX Numbar. ( ' 388-0520 E-Mail: ) 388~0520 APPLICATION, ANO THAT ALL THE II'&WORMATION, M~ OATA ANO~OR ~I(LeTCHE~ [a~t3~OEO IN THI~ APPUCATION ARE The foflowfng Ls ruquired for all comprehensive pMu amendments, zoning fsmendment (including reza. ning)~, eh ph~.~ ~ondit~ona! use permits, special ~se permit~ nr~aoces., excoptfoas, and appeals. ~VE, _,~ THE ~A~N.(E) -- THE LEGAL, ~GPRG~I'ATlq~ OF THE OWNER OR THE PROP~-~TY OESCREBED WHI~4 tS THE SUI~IGCT OF THIS APPUCATION, HERE~Y ALJTNGil]Z~ EACH AJ'{O EVERY MIEMEER OF THE .M'lO V~EW TH~ PROPF. RTY IN CONNECTION WITH MY/OUR PENDmG,I~°Pt,~CATI~N. I/WE HEREBY WAP,,~ ANY OBJECTION OR DEFENd. ~ MAY HAVE, nile TO THE q~ NATURE OF THE I~OCEEDING~, RESULTING FRC)M ANY BOARo/C~I&IISSION ME~BIE~I ENTERING OR HEWING THE PROPERTY, INC4..UOING ANY C~A&4 OR ,I~SERTTON 334AT MY/OUR PROCGI3UP. AL OR ~UBS'TAHTP,'E DUE PRC3CE58 R]GI'ITG UNDER THE FLORIOA CONSTITUTION 01~ THE UI~i 'i'EU ~'~'rA'~E~ COlv~ H ~ uTH3N VI~J~. 'vlOLA i i=u BY ~UCH E'~ la.'dNG ~ ~. NQtary's $~gnatum Printed Name of N~tar,/ Commission No JExplratton Supplemental Information Easements, vacation of Describe ~ easement to be vacated (provide a 10' PU&DE on South lot line of Lot.8 Block 70 Replat of a portion of Sebastian Hiqh~i~nds Unit 2 5' PU&DE on North lot line of Lot 9 less the southerly 40.00 feet Block 70 P, eolat of a aortion of S~h~.~ti~n Hi~_hl~nd~ [init ? Why is this vacation of an easement being reque.~? ConstruCtion of a single family house over the two property lines 3. Attach a ~urvey showing :mi location o~ ~'la propere/ II~les, ~! easements and all/ structute~ on the pmpe~. NO. 6~.6 ?ix No. (~7~.) ~-2~. 2004 I'IOME OF PELiCAI, t ~D 1225 MAIN STREET · SEBASTIAN~ FLORIDA 32958 TELEPHONE (772) 589-5.518 · FAX (772) 589--2566 REQUEST FOR ABANDONM]ENT OF EASEMENT March 31, 2004 Description of Easement to be abandoned: The public utility and drainage easements located on the southern ten (10) feet of Lot 8 and the northern five (5) feet less the western most ten (10) feet of~ot 9, Block 70, Replat of a portion of Sebastian Highlands Unit 2. Location of Easement: 501 Frmk Avenue, Sebastian, Florida UTILITY: Kirk Walker.,..B~ South FAX NO: 772-466-5651 APPROVED: / DENIED: DATE: APPROVED/DEN]ZD BY: - (signam 4) COMMENTS: Return to: Dom Bosworth, City of Sebastian, Growth Management Department Fax No. (772) 589-2566. '[225 MAIN STREEt · SESA$'t'IAN, FLORIDA '~ELEPHONE. (772) 589-g.~1~, · FAX (772) FOR ABANT)ONN'IE1NT O~' I~A,S£I~I~NT, BY: ~ ~3l, 2004 .. ~ i TI~ public udJiry and drainag~ ~a~m'nents located Block 70, R~plat of a portion of Sc-b~sti~u Highla~d~ Unit 2. S01 Frmk AvenUe, Sebasliam, FloricLa FPL i~AX .xIO: (?72) ig9-4224 ,. ,~ .... ~ ~ ~ ~ I .~ ~ ([0) ~C of Lo~ 9, B~ 501 F~ A~ OVa: . DE~ ~ ,j . / / TELEPHONE (77'2) ~-.~q18 · PA,'(~,772) ..q~9.2$&& e~x ~o,/772) 58c~ -2566. ---,, ,,,,~,m -w~a.~,~enl~ Departraeatr CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of appropriation of Recreation Impact Fees for new amenities Agenda NO. Purehasing/Contradting: Finance Director: City Attorney: City Clerk: Date Submitted: April 20, 2004 For Agenda of: April 28, 2004 Exhibits: Price Quote from American Recycled Plastics and Fees collected data from Finance EXPENDITURE REQUIRED: $2,176.60 AMOUNT BUDGETED: None APPROPRIATION REQUIRED: 2,176.60 SUMMARY The Recreation Adviso~ Board has requested ixLformatioanl signs at all City playgrounds with Police non-emergancy and Parks Division phone numbers. The Sebastian Panthers orgamZafion has requested picnic tables for out side their concession stand. The Parks and Recreation Division agrees with these requests along with bike racks for the Skate Park and Filbert St. Park. We can finance these new items fi.om Recreation Impact fees collect~d from the differeat zones and from our operating budget for older playgrounds. The total cost for all items w/Il be $2,176.60. These items can be purchased/]-om American Recycled Plastics, Inc. of Palm Bay, Florida off a GSA contract # GS-07F-0449M. Zone D Zone C Two picnic tables at Football Field Concession Stand One sign at George Street Park One bike rack at Skate Park One sign at Filbert St Park One bike rack at Filbert St. Park 938.10 216.00 403.25 ZoneD Total = $1,557.35 216.00 403.25 Zone C Total= $ 619.25 RECOMMENDED ACTION Move to approve allocating Recreation Impact fees in the amounts of $1,557.35 from Zone D and $619.25 from Zone C for 2 reformational signs, 2 bike racks and 2 picnic tables. FRC~ :Ar'IER~'CAFI RC---C¥CL~D PLASTIC INC. FAX Fl(]. :32t 6?4 2~5 Ma~', 31 20(~4 ll:53qM Pi Full Color Catalog Onll.,~ M www. itsr.o~U~l.com AMERICAN RECYCLED PI,ASTIC~ INC. Outdoor Furniture & Lum Oer Products 1500 Main Street Palm Bay, FI. 32.q05 Proposal (Pricing valid far 30 clays) DATE: 3/30/04 Phone: (321) 874-t 525 Fax: (321) 674-2365 E-mail: inf oOitu'ecycled, c, om Ship To: A~ leal)laG ~ l'ahn I~,,. rq. [ Com~ t Tm. ma Taxable Net 30 da~1 I ~xe~IX Unit Pd~ Total 938.10 5 Bikc Rack--Co~a~ .4s- fl. .... $403.25 Ctmom Si~1a8o--24" ~( 24 ' 'fan w/Green text I $216.00 THANK YOU fo~ cansidering recycled products & your help In peeseevimj om peecious environment. Reme~bee ~e 3 R's - Reduce, ReusE, RecycleJ Fright D~poslt $2,824.60 AMERICAN RECYCLED P.LA~rIc. INC. Serving Government. Commercial, & Residential Clients Nationwide 8-01-02 For Immediate Release American Recycled Plastic, Inc, proudly announces the award of GSA. Solicitation 539 Solutions and More, Contract # GS-07F-0449M. The contract details'are listed below. American Recycled Plastic, Inc. offers recycled plastic products for outdoor use. Products offered include picnic tables, benches, waste receptacles, tire stops, speed bumps, bollards, decking, chairs, rockers, tables and plastic lumber: .Please visit our online catalog at www.itsrecycled.com for color pictures and complete product information. CONTRACT DETAILS: Federal Supply Service, Authorized Federal Supply Schedule Price List On-line access to contract ordering information, terms and conditions, up-to.date pricing, and the option to create an electronic delivery order am available through GSA AdvantageL a menu-da'iv{tn datalmse system. The intemet address for GSA Advantage! Is: GSAAdvantage.gov. Schedule 539 -- For R. ecvcling Collection Containers and $1~ecialty Waste Receptacles. Parl~ and Outdoors Recreational Eqnipment~ Construction and Building Materials, and Signs. Displays. Rags, ID Products, Traffic Control Devices. Solieilation Conwact # Contract Perio~ Contractor Information: 7FXP-D4.-01-0539B GS-07F..0449M 8/I/02 through 7/31/07 American Recyclod Plastic 1500 Main St Palm Bay FL 32905 Attn: Amy Hazier Phone(321)674-1525 Website www.itsrecycled, com Email: arny~itsrocycled, com Fax (321) 674-2365 Email: iafo~itsrecyeled.com Business Classification: Woman owned small business. Customer Information Special Attributes: Duns number CCR registration numar Table of awarded SINS - On enclosed t~vo pages. Loxvest priced model for each sin - shown in price table. Minimum Order: $50. Delivery. Area - USA. Point of production - Palm Bay. FL Discount from list prices: See chart on reverse Quantity Discounts: 2 levels of discountS. See chart on reverse. Prompt payment terms: 1% 10, net 30 Governmem pumhase cards are accepted. Time of delivery: 30 days ARO Freight: FOB Origin Ordering address:iS00 Main St, Palm Bay FL 32905 BPA (Blanket Purchase Agreements) - Sample BPA is enclosed. Paymant Address: 1500 Main St. Palm Bay FL 32905 Warrant' provision - Standard Conunemial WarranB' Products made from recycled HDPE plastics, xsr)n't leach chemicals into soil. 054470880 85247040 American Recycled lqnsfic Incorporated Memo To: U.S. General Services Adff~inistration Attn: Carol Batesole .. 819 Taylor Street, Room 6A24 Fort Worth, Texas 76102-(3114 From: Amy Hazlett, Owner Re: Final Proposal Revision on Solicitation Number 7FX~-D4-01-0539-B Date: July 23, 2002 Below is A.medcan Recycled Plastic, Inc. Final Proposal Revison; ELEMENT GOVERNMENT rvlFC ~. Basic Discount SIN(s) 192-37b 6% 5% Lnd c, 384-6 and 563-20 a. Basic Discount SIN(s) 366-18 [ Tire Stffl~ 3% I 0 Speed Bumps and Bollards 5% 0% SIN 56340 SIN 56340 7% 24 to 49 units 7% 24 to 49 units ,. Quantity Discount SIN(s) 10% 50+ units 10% 50+units S]~T(s) 192-37b and c and 384-6 SIN(s') 192-37b and c and 7% 12 to 35 units 384-6 10% 36+ units 7% 12 to 35 units SIN 366-18 10% 36+ units TireSt and Bollar SIN 366-18 5% 36 to 69 units 7% 70+ units ~ON~ Soeed Bumvs 7% 7 to 14 units 10% 15+ units 1% 10, Net 30 Days 1% 10, Net 30 Days . Pa}anent Terms Kll SIN(s) Odgin Origin .,, FOB All SIN (s) ' Delive~ in da~s All SIN(s) 30 Da~s ARO 30 DaTs ARO ~ SIN(s) 192-3To and c 3 to 5 days ARO on stock items 3 to 5 days ARO on stock Emergency Delivery SIN(s) 563-20 items 7 to 14 days ARO on stock items SIN(s) 563-20 SIN(s) 384-6 7 to 14 days ARO on stock 7 to l0 days ARO on stock items items SIN(s) 366-18 SIN(s) 384-6 1 to 5 days ARO on stock items 7 to 10 days ARO on stock hems .E C1TY OF SEBASTIAN AGENDA TRANSMITT~ Subject: Special Event Approval for Keep Indian River Beautiful Fall Craft Festival Approvf~k~ubm~.~ Ci? Manager Terrenc~'71L ~ AgendaNo. {.~q~ it 7 , ' Department Origin~~'~ ~,,'~ P.urchasing/Contracting/ F~nance Director: City Attorney:. City Clerk: Date Submitted: April 20, 2004 For Agenda of: April 28, 2004 Exhibits: Letter from KIRB and Park Use Permit Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION None N/A REQUTRED: None SUMMARY Keep Indian River Beautiful is seeking Council Approval for a Special Event at Riverview Park. The Fall Craft Festival will take place on October 9 & 10, 2004 from l0 AM to 5 PM. This will be the fifth year that American Craft Endeavors has worked with KIRB to put on the festival. This event is very successful and has always drawn many citizens and visitors to the Park. Staff has met with representatives from KIRB regarding logistics for this evem. Keep Indian River Beautiful does a fantastic job cleaning the Park after their event. They have paid the $100.00 application fee to hold this event. RECOMMENDED ACTION Move to approve KIRB Fall Craft Festival at Riverview Park on October 9 & 10, 2004 from 10 AM to 5 PM. Keep Indian River Beautiful Inc. March 30, 2004 Ray Conlglio {Ytty ofF. mere Former Mayor Joel Tyson C'~ of $~tt Mayor P/alter Barn*s Indian River County Art Neuberger Chris McCarthy Parks & Maintenance Supervisor City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Request to use Riverview Park for annual Craft Festival .October 9-10, 2004 Dear Chris: As you instructed, I am writing to request permission to use Riverviow Park the weekend of October 9-10, 2004, to host our atmual fall Craft Festival. Now in its fifth successful year, this festival brings unique, high-quality crafts, and a nice event to the City. American Craft Endeavors, a professional event organizer, works with Keep Indian River Beautiful to put on this festival as a means to raise much-needed funds for our programs. Because American Craft Endeavors' events draw nearly 200 artists and craft.ers fi.om all over the Southeastern United States, this festival also serves to help fill hotel rooms, campsites, and restaurants in the City for the weekend. We appreciate the City's permission to host this festival each year, as well as the support the City Council and City staffgive to our litter reduction and beautification efforts. Should you have any questions, please call me at 978-0722. Thank you for your time and consideration of this request. Sincerely, Prosram Coordinator Cc: Terrence Moore Kt~p laden River Betttt~ftd Inc. is a 501 (c)$ nonprofit org ~ ~ ~ ~ of K~ ~ ' ' ' ! ..... ~ H-12~0 ~ 1~ ofyo~ ~ lffi~d Na~ ~ W~e M~ ~ Riv~ ~umy Solid W~ Di~ Di~ ~d Tr~ P.O. BOX 973, V~O B~ ~ 32~1 ~O~: (772} 978~722 F~: (772) 978~32 1225 Main Street. Sebastian, FI 32958 Tetephone (772)589-$33e - Fax (772)589-S57e CZTY OF S~BASTIAN ?ARK USE ?ERMZT A??LZCATION _~ Park E'~ent - 50 to ,300 Attendees $50.00 Application/Permit Fee Please check the appropriate Box: or  SpeeJal Event - 301 or More Attendees S100.00 Application Fee Date: Address: 1700- /,Tw Xt- Haillng Address: ~,0. ~0~ ?73 - FL 3 Name o~ Or,anization or Group', [e~LU,~. g,~(.~,'<( /~C. Rain Date: AJoA~ T~me o~ Use: Froa: /Oe~ To: ~ Wff~ ~here be any sa~e o~ Soods7 Yes~ ~ yes, pZease describe type o~ ~oods on bac~. Food or o~her ~ypes o~ vendors7 Yes ~ yes, p~ease ~st name, address and type o~ vendors and schematic o~ any structures tO be erected or otherwise assembled On back. I,~~ ~WX&~,~ the undersigned, ~cknowled~e %hmt I am ~ppl~c~nt or the author~ze~ age.nt of the applicant. I further acknowledge that I am aware of the prov~s~o.s of the C~ty of Sebastian Codes ~n respect to th~s application and the use of the C~ty facilities for ~h~ch I have applied for a permit to allow a Park Even~l~ myself familiar with the ~eneral rules/~d ~ App Office Use Only: / Permil Fee Paid / Dale Inidats .~ga Special Event. I have made uIatio~s~l:~'-~scribed by the City c,~nt Si§nature . ark Application Continued - If Required List any vendor information and/or schematics on thi NAME I ADDRESS pa~e; TYPE Schematic: // ~OFFICE USE ONLY: Special Conditions of Permit as Requested by City Manager KEEP INDIAN RIVER BEAUTIFUL, INC. p.o, BOX 971 VERO BEACH, FL 32961 0'967 City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Prior Authorization for City Clerk Agenda No. (~ . [ { ~ Attendance - Florida Association of City Clerks Conference - St. Augustine - June Department Origin: City Clerk 13-16, 2004 Date Submitted: 4/19/04 ~'~''~ For Agenda of: 4/28/04 Exhibits: Conference Information Expenditures Required Budqeted Amount: Appropriation Required: Traininq/Education: $165 TraJninq/Education: $410 N/A Travel: $ 357 (hotel) Travel: $1,901 Per Diem ( foocl/lransportation) - approximately $175 SUMMARY STATEMENT In accordance with Code of Ordinances Section 2-77, Charter Officem are required to receive approval from City Council prior to travel. I wish to attend the Florida Association of City Clerks Annual Conference in St. Augustine from June 13 through June 16, 2004. RECOMMENDED ACTION Move to authorize the City Clerk to attend the FACC Annual Conference in St. Augustine, June 13-16, 2004. ._~ .~ ~ ~o ~ o ~- ~* > ~0 ~ ~0 ~0 =~ .... ~ ~ · ~ .... ~ ~ ~ ......... City: State: Zip: Please indicate your preference of the concurrent session by placing an X before the program title and indicate your attendance at the social functions, i.e Association Night and Tuesday Night Event; Sunday, June 13', 2004 6:00 p.m. - 7:30 p.m. __ Association Night Monday, June 14, 2004 8:45 a.m. - 10:15 a.m. __ Opening Session 10:30 a.m. - 11:45 a.m. ~ Joint Session - Legislative Update 1:15 p.m.-2:45 p.m. __ Promoting Your City __ Luck, Lies, and Videotape ~ Wdting Policies and Procedures 3:00 p.m. - 4:30 p.m. ~ Contract Management __ Empowerment- Antidote to Bureaucracy __ Business Etiquett~ 8:00 p.m. - 10:00 p.m. __ Ghost tour and dessert (extra cost) Tuesday, June 15, 2004 8:00 a.m. - 8:45 a.m. __ District Networking Over Continental Breakfast- please indicate your district: __ Northwest Northeast __ Central West __ Central East __ Southwest __ Southeast 9:00 a.m. - 10:15 a.m. __ Budgeting for City Clerks __ Mentoring for Success __ "Help, I need somebody...not iust anybody..." 10:30 a.m.- 11:45 a.m. __ City Clerks Crossfire __ GIS/Tesh Update 12:00 pm. - 1:30 p.m. __ Luncheon/Annual Business Meeting 2:00 p.m. - 4:00 p.m. __ Elections - How do I...? __ Legal Issues in the Clerk's Office __ Public Speaking 6:00 p.m. - 10:30 p.m. __ Tuesday Night Event Wednesday, June 16, 2004 9:00 a.m. - 11:30 a.m. __ Joint Session - Proiect Professionalism 11:30 a.m. - ll:4,,~a.m=-' __ Presentation of Certificates CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Disaster Recovery Equipment y: City Manager Agenda No. O~-~ { ~ ~ Department Origin: Finance/MIS Finance Directo~ f~. ~ General Services: ('~f City Clerk: ~-~ City Attorney: ~ Date Submitted:04/16/04 For Agenda of: 04725/04 Exhibits: (3) Price Quotes EXPENDITURE REQUIRED: $16230.00 AMOUNT BUDGETED: Not Budgeted APPROPRIATION REQUIRED: $16,230.00 FUNDING SOURCE: Discretionary Sales Tax SUMMARY TI~ back up system for the ~Jre City network is currently antiquated and functioning at a level that is below required standards. The current system does not presently provide a viable way to restore data should a recovery, of any sought be necessary. It also lacks security ia the fact that presently we do not have the ability to restore thc City from an offsite location. In the event of a disaster, the City weald not be able to r~over and return to normal business operations for several weeks. The impact to the City and the Police Department would be catastropkie. In order to provide for disaster recovery, it is necessary to implement a back up system Once implememed this will ensure th~ security ~ for the City's data, and supply tbe needed functionality to restore the City to optimum service. Attached, are (3) quotations for the Ra~k Mounted Auto Loader, in which we have selected the lowest bidder, Dell Computers, Inc. Included in this disaster recovery equipmem are a Dell Server and a Dell Laptop, which are being acqmred by State contract. This equipment will bring our technology up to date and provide for future growth and technical enhanee, mentg. It will also provide att the necessary data thmt will be required to restore the City's services, as well as have the ability to be transported to an alternate location~ This will also provide for a Mobile Base of Operations from which all Mission Critical Services can be supplied for the City Of Sebastian. The Finance Director has suggested funding the auto loader from the Discretionary Sales Tax Fund.~/~ RECOMMENDED ACTION Approve the appropriation of $16,230.00 from the Discretionary Sales Tax Fund for the purchase o£a Rack Mounted Auto Loader, Dell Server and a Dell Laptop from Dell Computers, Inc. Page 1 of 2 DELL QUOTATION Data: 4/15/04 3:58:50 PM QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: 150481968 916495 90231 250-000-03-1 4/15104 CITY OF SEBASTIAN TOTAL QUOTE AMOUNT: $6,660.89 Product Subtotal: $6,660.89 Tax: $0.00 Shipping & Handling: SO.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP TOTAL: $6,660,89 Email Address: eric_corley~dell.com Phone Ext: 88006 · Fo~-your convenience, your sales representative, quota"number and customer numbm"have been included to provide you with faster service when you are ready to place your order. You may also place your order online at This quote is subject to the terms of the agreement signed by you and Del!, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates am valid in the U.S. only and am subject to change. se indicate your taxabilitv status on vour PO. If exempt, please fax exemption certificate to / c-~ ['~ ~ Dell Tax Department at 512,283.9276, referencing your customer number. / ~ ~ ) -~ J If you have any questions regarding tax please call 800.433.90~9. ** ( \ ~ ~.J All product and pricing information is based on latest information available. Subject to change without ~ile://C :~Documents%20and%20Settings~osardo~Local%20Setfings\Temporary%20intem.., 4/15/2004 Florida State Store: CUstomizing Your System Page 1 of 2 Current Orderform I Retrieve E-~ Florida S'. The PowerVault 1221' Autoloadar p~'ovides Iow-cost, rack dense data proteo~on for PowerEdgeTM servers and PowetV; Designed for $impiic~, the powerVau4t 122q' offers high performance and ¢apa¢ity w~tfl ODLT320 ted:tnology. To configure your system: View Options: ' Price*:$8,191.23 PowerVault 122T SDLT320 IPowerVaulff" !22T,2U,SDLT320,!60/320GB,No Barcode Reader Rack Rails IRapi'd. Rai~s for Dell Rac~2U;PowerVault 1'22T .......... ~ Controller Card I C.0.r~roller. ~m,39~ 60, Cable .Included Tape Backup Media ITa?e,Media~ ~DLT22.~/.SDLT320t ~OpK ~ Hardware Support Services 13Y[ BRONZE SuppoS.Nex~ Bus!ness Day 0nSite Tape Backup Software Installation Services undefined PowerVault Installation Declined Cleaning Cartridge' ITaPe,Magnetic, SDLr. ~ SDLT Media Labels ~ SDLT MEDIA LABELS, 337 TO 560 [ $113.97 ] ~ SDLT MEDIA LABELS, 337 TO 784 ~ SDLT MEDIA LABELS, 337 TO 1008 [ $341.92 ] Asset Recovery Services Pdce*:$8,191.23 ? View C 2-888-694[-1402 ltttp://rcommerce.us.dell.com/rcomm/comfig.asp?order code=W1000 4/8/2004 ~Sent. Wednesday, Apdl 07, 2004 4:02 PM l'To: bbmOke~cityofsebastian.org )Subject: CDW-G Quote NW23943 This e-mail best viewed in a fixed'font'such as Couder. BARBARA BROOKE Thank. you ~er.oheesing CDW-G--fer-~yeur-computiflg needs. Followii3g are the detai~s of.~your quote. Quote-Dale: 4/OT ,/2004 Quote Number.' NW23943 P:O. Number: STO P~A. GE: SO LLdl!)OQUO.:tlE CuStomer/k. 6511'604 Payment Terms: MasterCard/Visa Govt Shipped Via: FEDEX Ground Q'C~ ITEM DESCRIPTION/MFG..PART.NUMBER UNIT PRICE EXT..PRICE 1 268179 EXABYTE110L1TB/2TBLTOULTRIUMAUT 7011.54 7011.54 EXA-2700'IS- 378 40 269827 TDK 1PK LTO ULTRrUM I'00J200GB CART 3~¢.89 1'395.60 TDK-D2404.'IOO;AX Subtotal Freight 68.57 -Sales Tax Total 8,475.71 Ship To: Bill To: CITY OF SEBASTIAN BARB,~RA'BROOKE 1225 MAIN.ST 1225 MAIN ST BARBARA BROOKE SEBASTIAN FL 32958-4165 SEBASTIAN FL 32958-4165 If you find any discrepancies or I can be of further assistance, please feel free to contact me, PATRICK BARNES Direct line: 866-723-2640 Fax Number: 847-968-1319 -E-Mail: ~at~bar'~cdw(~.com Page Barbara Brooke From: Ibrochard@govconnection.com Sent: Thursday, April 08, 2004 3:43 PM To: mis@cityofsebastia n.org Subject: Price Quote For Barbara Brooke City of Sebastian The price quote you requested 1725198 is ready for your review. You may login from this link i_!_~__;/_/'j~p_c:~,_o_rme?,_tio._R.~gm to see it arLmediately. If you have any additional questions or requirements please don't hesitate to call. Sincerely, Laura Brochard Ibr oci~a_rd(~jgosf~o!~_e. !ioj~ .cop.~ Payment Method urchase Order CITY OF SEBASTIAN ACCOUNTS PAYABLE 1225 MAIN STREET SEBASTIAN, FL 32958 Shipping Address Ship To BARBAiL~ BROOKE CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 Receipt Page Notes Label Notes: Shipping Receipt Page Notes: Cart Name (Cart ID # is default): 1725198 Quantity Plat.Item # Mfr. Part # Product ! Ship Availability Price Total Wt. 20 Both 379708 26300001 Fuji 12.0 Today $54.20 $1,084.00 Super DLT i lbs Tape Cartridge (SDLT) 1 PC 219069 103494-003 Overland', 70.0 Usually $5,946.81 $5,946.81 .Storage ? lbs Ships in 2- ~.6-5~TB 10 Days SDLT 15 Slot PowerLoader ~ LXM1 S 115TB 4/8/2004 I LVD SCSI Tabletop - 1Drive I PC 337861 39-1063-01 ADIC 0.7 Usually $73.85 $73.85 SDLT Tape 1 lbs Skips in 2- Cleaning 10 Days !Cartridge 1 PC 436371 ADAEC67160 Addonics 0.9 Usually $127.15 $127.15 Technologies lbs Skips in 2- Corp. 4 Weeks SCSI LVD U160 PCI I, Conu'oller Subtotah$7,231.8 I Ship Via: Best Way - GroUnd Shipping: $0.001 Tax: $0.00 J OrderS7,23 I. 81 Total: i Page 2 Of 4/8/2004 Page 1 of 2 DELL QUOTATION Date: 4/15104 3:58:51 PM QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: 150482176 916495 90231 250-000-0:3-1 4/15/04 CITY OF SEBASTIAN 'TOTAL QUOTE AMOUNT: Product Subtotal: $6,174,56 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: I GRiP TOTAL: I I I I file://C :kDocuments%20and%20 S ettingsk-"losardokLocal%20S ettings\Temp orary%20Intem.. 4/15/2004 DELL QUOTA ON QUOTE #: 150481131 Customer #: 916495 Contract #: 90231 CustomerAgreement #: 250-000-03-I Quote Date: 4/15/04 Data: 4/1~/04 3:58:50 PM Customer Name: CITY OF SEBASTIAN TOTAL QUOTE AMOUNT: $3,393.~2 Product Subtotal: $3,393.02 Tax: $0.001 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: I GROUP TOTAL: $3~393.0~ 3964) 3726) file://C :~Documents%20and%20Settings~osardo~L ocal%20Settings\Temporary%20intem.., 4/15/2004 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Authorize expenditure for AudioNisual/Phone needs for the City Hall Municipal Complex. m~ttai : C~ty Manager ~'~enc~M~or~ AgendaNo. ~)q, 0~0 Department Origin: Gen. Services Admin. Purchasing/Contracting: Finance Director:. o/~ City Attorney:. '~ City Clerk: Date Submitted: April 15, 2004 For Agenda of: April 28, 2004 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: None $319,305 $11,625,000 SUMMARY The City Hall Municipal Complex (City Hall & Police Departmen0 is at a point in the construction process where the following owner provided items must be procured in order to stay on construction schedule: SUMMARY: INSTALL/TERMINATE ALL FIBER INSTALL/TERMINATE ALL DATA/PHONE/TV BUILD NEW P.D. MDF SYSTEM MOVE P.D. TELEPHONE SYSTEM MOVE P.D. 911 CONSOLE BUILD NEW CITY HALL MDF MOVE CITY HALL TELEPHONE SYSTEM PURCHASE & INSTALL AUDIO EQUIPMENT (PRIMARILy ~t'~ COUNCIL CHAMBERS) INTERGRATE EXISTING EQUIPMENT PURCHASE & INSTALL VIDEO EQUIPMENT (PR~MARO~y CiTY COUNCIL CR~aMBERS) Various vendors will participate in supplying their equipment, and services to accomplish the above such as, Complete Electric, Siemons, Communications International, Melody Music, BellSouth, Craig Jerome Audio Visual Consultant, and miscellaneous supptiers. The City will enter into direct contract with the various firms which is consistent with the sales tax savings program, and our procedures with Suffolk Construction. Suffolk and/or Complete Electric will do the bidding for the City and select the equipment & suppliers /~ -_~ who offer the best overnH value, products and services. Because of the "fast tract" short construction time of this project, it will take a great deal of critical path coordination by everyone concerned to keep the project moving, and Staff needs the flexibility to manage, procure, and coordinate on a "real time basis" all of the above with Suffolk Construction, and others, in order to stay on schedule and assure quality products & services. RECOMMENDED ACTION Move to authorize the expenditure of $319,305, to various vendors/contractors, for products & services pertaining to audio, visual, fiber optics, data phone systems, and the like, for the New City Hall & Police Department Municipal Complex. Low Voltage Proposal Sebastian City Hell and Police Station Renovation Vendors Name Description Bid/Quotet Price Complete Electric Install/Terminate All Fiber Install/Terminate All Data/Phone/TV SEE QUOTE ! Quote '145505.82 Siemons Build New Police Station MDF Move Police Station Telephone System SEE QUOTE Quote 6062.00 Build New City Hall MDF Move City Hall Telephone System I Estimate 8500.00 Communication Intemational Move Police Station 911 Console SEE QUOTE Quote 6386.00 Misc. Suppliers All Video Equipment All Video Labor Intergrate E. xisfing Equipment Estimate 100000.00 Melody Music All Music Equipment All Music Labor Intergmte Existing Equipment Estimate 10000.00 Subtotal 1 276453.82 10 % Overhead 27645.38 Subtotal 2 304099.20 5 % Profit 15204,96 Total 319304.16 ATI N MMUNIC O S INTERNATIONAL, INC. Indian River Cotmtv. FL- Cotton-ate Headouarters 4450 US ltigh~ay 1, Veto Beada, FL 32967 772-569-5355 Toll Free: 1-888-275-4244 Brevtrd Comaty, FL Hall~ood. FL Marianna~ FL Princetom NC Ta~ahassee, FL 321-636-9885 954-967-4349 850482-3107 919-936-9937 850-575-5004 Col~ier Comatv. FL L~a~ehbarm VA ~ FL Tampa~ FL Volusia ComUv. FL 941-430-3892 804-845-3170 305-885-1585 813-887-1888 386-761-9999 Name: City of Sebastian Attention: Thomas Coleman Address: 1225 Main Street Phone: 772-388-8213 City, State: Sebastian, F1 Fax: 772-589-5570 Zip: 32958 Date: December 10, 2003 1 1 Labor Labor to relocate the dispatch console. ( This is to $4,575.00 mchide: running a CAT5 cable from the new Dispatch cantar telephone closet under the floor, 'aloente and setup of the dispa~h console, relocate dispatch backup radios and install new ant runs) 2 2 Ant Sys Complete antenna systems for the backup radios $875.50 $1,751.00 (each system includes: coax, cennectors,antenna. grounding kit w/polyph0ser) 3 30 CAT5 CAT5 25pmir plenum mtad cable O'he cable length $2.00 $60.00 ceded was supplied by the customers engineers) Note: To provide a quality and a professional looking installation CII highly recommends that the proper inclosed lower cabinet with rear entry doors se the xluipment can be mounted correctly and the cabling act be exposed. Note Shipping & Handling IPurchase Order To: COMMUNICATIONS Ii~IT'L, Ii~C. ] Sub Total $6,386.00 4450 US F[i~hway 1I 8ai¢$ Tax Yero Beach, FL 32967 TOTAL $6,386.00 Fax: 772-567-2292 Deposil ~11 wan~tics ar~ m~t'~mres' wamati~ Balmlee Due $6.386.00 All orders are subject to shipping & handling charges Presented by Title Prices in effect for E.~-~g Approv~ Mike Reed Branch Manager 30 DAYS Proposal #t MR1210031I Relocation Proposal April 12, 2004, 1600 Executive Parkway Suite 9110 Atlanta, GA. 30328 Account: City of Sebastian Old Address: 1225 Main Street Sebastian FL. 32958 New Site: 1201 Main Street Sebastian FL. Bid Contact Complete Electric: Benjamm M. Ensell CMR # 7758588 SAP work order: Service Notification # TBD Phone: 772-388-0533 Email: ben easelll~lbellsou~,net SCOPE: Siemens to Deinstall, power down, relocate and Reinstall Phone System. Siemens will also build New MDF . MDF Cross connactions, staion Phones Placement. at New location ..Project Commencement expected May 26~ ' Actual Date to be confirmed by customer. Customer responsible for all cabling. Customer to provide Floor plans 1 week pdor to cutover Project includes Project Management and administration Siemens Authorized. Subcontractors - engaged for Relocation, place, testing phones, cross connects to existing MDF and Tetoo Cootrlinstton off Bellsouth Lines into new Switohrsom, In Service of 4 hrs post cutoval; Model Number Description Total CE &Sub Labor Deinsteli Power down ,Relocation and reinstall (hacludes $ 3,348.00 after hours move 2A.NI- 5 A.M) Material MDF termination and cross connect materials, (1) 6 2 $ 589.00 insulated ground wire. Misc .Mountflag hardware tie wraps& Labels Tasks to include: · build-out the new MDF in the new police building · - install switch tails onto a 66 block field · install and terminate 4 each 24 pair cables to voice rack (2 48 port patch panels). · hastall, route and terminate 4 P J11 Duplex jacks for the modem connectiom · deinetall old MDF i~ the the old police building · remove all associated cabling, racks, blocks, fiber and associated hardware · reBlova tbE mercon · illveutory all equiplnerzt to I~ re-installed ii~ the new MDF m the new police building. · Set and test plionas, build cross-connects · removal existing switch and frame · Phone pick up / h'aasport · Reinstall Phone Systera · Set and level cabinets Sub Labor TELCO Coordimatioa: Includes plac/ng orders & follow $I,400.00 through to completion. Attend coordination meetings as needed CESubkLabor Post CutFimt day In Service Coverage $ 500.00 PMLabor Project Mgrat $ 225.00 Sub Total fix¢ludin~l Tax Shippin~l: $ 6,062.00 Delivery: 1 F.O.B.: This Quote Expires: May 31, 2004 Terms: Net 30 Days Customer Signature approval: Date: Email: .lackie. Martin- Fax 1-866-420-1924 Prepared $~ by: PHONE: 678-290-7740 FAX: 1-866-420-1924 Customer P.O. (if applicable) AUTHORIZATION LEI- MANAGER BILLS Date: 4/12/2004 ContaCt :Penmn: Panl 'Wagner To: City et'Sebastian Contact Number: 772-388-$241 Work Site Address: 1201 Main St BellSouth has received a ~quest from you (or your company) to !rna'form the following work: Relocat~ termi~n! at Sebasliall Police Siatfo~L . Engineering and Constmctiou will not begin ,,,,*il this signed agreement with the advance payment is received. Please sign the authorization letter ia tha space provided and return it with your advance paymem to Paymant Remittance Or[ice at the address shown below. If Bellsouth does not recel~ the signed authorization within 30 days or otberwise hear from you (or your company) the work order will be The special.construction cha~ge for the above work i& Five Thousami Se v e ti Hmtdmd Fitly SLx and'Ninety One Cents ($5756.91). Please be aw'aXe that other utility compames may be utm~ng BeLlsouth's facilities Therefore, you may need to ceo~inate with those utili .fy companies. Any castomer provided suppurr faellities necessary to complete the job must be available for BellSouth's use prior to the start of facility construction. This quote is only valid for 30 days from the date of this letter. INCLUDE THE JOB NUMBER SHOWN BELOW ON YOUR CHECK Job#: 4e818043b BIC Eng: John Smith Telephone#: 772.4604512 OSP Designer: Kirk Walker Telephone #: 7724604455 BST Project M~nage~. Steve Calhoml Telephone #: 772460.4415 Se,~_d Signed Lett~ and BellSouth PRO Group -Atlanta. If any BellSouth - Manager Bills Advance Para,tent to: Manager Bills questions: 250 WiJllam~ 5-~ Snlte 5020 NWg.. Call: I.(41M) 586-1150 Atlant~ GA 30303 NOTE TO Cus'r olv~.~: IN OKI)ER TO PROCESS PAYI~ENT$ CORRECTLY FOR THE WORK DESCRIBED 'PIZEA~E INCLUDE THE JOB NIJ]~BER ON THE~ OR OTI:~.~'METHOD OF ADVANCE PAYMENT AND PLACE UIi~CK NUMBER IN SPACE PROVIDED BELOW. HOM~ O~ PELICRN ISLAND CITY OF SERASTIAN AGENDA TRANSMITI'AL Subject: Vacant Regular Member Positions on the Planning & Zoning Commission Ap d for m' · ~ ~i, ty, Manager . Terrence R. ~// - Agenda No. (')/-/. O,~q Department Origin: City Clerk~'"~'- Purchasing/Contracting: ~ F,'.mance Director: _ C~ty Attorney: _ ~ City Clerk: ~ ~ Date Submitted: 4/19/04 For Agenda of: 4/28/04 Exhibits: Mr. Blessing's letter, code, applications, board member list, ad EXPENDITURE REQUIRED: I AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Due to the resignation of Norm Blessing, there is a vacant regular member position on the Commission due to expire 5/1/2005. Alphabetically, applicants include: Carol Barry Howard Brauer Jean Carbano Robert Craw Bradford Cmnin Charles Dodd Alan Forster Jim Morris John Oakes (current alternate) Larry Paul Jean Vesia RECOMMENDED ACTION Interview unless waived and submit nominations for regular member position to expire 5/1/2005. Fill alternate position if necessary. /~ Q ,'5 ~ NORMAN F. BLESSING 729 }IORIZON TERRACE, SEB~kSTIAN, FL 82958-6525 · Pt{Oi~: 772-589-1125 · lrAX 77~-5894125 March 30, 2004 Richard Smith, Chairman City of Sebastian Planning and Zoning Commission 1225 Main Street, Sebastian, FL 32958 MAR .q 1 2004 BY: , Dear Richard, It is with sadness in my heart that I must inform you that I can no longer perform my duties as a Commissioner on the Planning and Zoning Commission for'the City of Sebastian, FL. Accordingly, I tender my resignation to become effective immediately. I have enjoyed the challenges this position offered and the opportunity to work with you and all the people on the Commission and staff of the Growth Management Department here in Sebastian. 1 will see that my copies of the Comprehensive Plan and Land Development Code are returned to the' Growth Management offices as soon as possible. There seems to be no resolution to my health problems and I am now under the care of a visiting nurse organization. What my mind tells me ! can do, my body yells "no your not". In any event, I will miss you all! Sin -re ~ls Nom3an Blessing CC: TRACY HASS, GROWTH MANAGEMENT DIRECTOR Sec. 54-1-2.4. Planning and zoning commission. (a) Establishedanctdesignetedloselplanningagency. Pumuant to and la aac~orda .n~. with the City Chalt~- and section 163.3174, F.S., of the County Municipal Planning and Land Deveicpmant Regulation Act, the city council finds ~at planning of land use and continuing growth management evaluation wilhin the City of Sebastian is a public purpose benefiting the safety, economic and culfurel welfere of the citizens of Sebastian. The city council further finds that this public purpose can best be ashlaved by establishing the Sebastian Planning and Zoning Commission which is hereby established and designated as the Ioca planning agency (LPA) for the city. The Sebastian Planning and Zoning CommiSsion shall abide by the City Cha~ter, as .amended, and all appticabla provisions of the Ficdda Statutes. The planning and zoning commission shell have the authority and responsibility to review land use in the city and eveluato planning and regulatory tachr~iquea for resolving physical, economic, social, envimnmantst and fiscal issues, The city council directs the planning and zoning commission to carry out functions and powers herein identitied. The planning and zoning commieaion shall use the power and authority conferred upon it by the land development code to further ils stated public (b) Membership,. tdrms and removal. The Sebastian Planning and Zoning Commission shall consist of seven members and two alternates. The qualifications, term and appointment, of members shall be done in accordance with chapter 2; artlcte VI, division 1 of the Code of Ordinances, City of Sebesllan. (1) Alfemata members and their duties. The alternate members may attend ali meetings of the planning and zoning commlasion but aha# act only in the absence, disability or disqualification ora regular member thereof. When an alternate member acts, the minutes of the planning and zoning commission shell reflect the name of the absent, disabled or disqualified member in whose place and stead the sttamata member is acting. E. ash aflemata member shall fill in for a regular member who is absent, disabled, or disqualified on a rotafleg basis with the most senior eltamata member to be the first in the Inibe] rotation. If mot~ than OhS regular member is absent, disabled or disqualified, then both aJtamate mombers shall act as membem of tho planning and zoning commieaton. (2) Vacancies and mappolatmeof of commleaion members. Appofeti'nents to till any vacancy, shall be for the remainder of the unexpired term of efrme of the vacated planning and zoning commission seat being filled by the appointment. (3) Removal of commission members and atiemetaa, The removal of members shall be done in accordance with chapter 2, ardcle VI, ~division t of the Code of Ordinances, City of Sebastian, (c) CompanseSon of planning and zoning commission membem. All members shall serve without compensation but, as authorized by the cti7 council, may be reimbersed for actual expanses incurred in connection wftU3 their duties. (d) Functions and pot~s. The Sebastian Planning and zoning Commission shell have the power and authonty to carry out the duties and responsibilities conferred upon it by the land development code consistent with section 163.3174, F.S, and shall pedorm these duties in the best interests of the health, safety and we fare of the citizens of Sebasflen, The planning and zoning corem as on shell have the following func~ons, acting either as the local planning agency (LPA} or as the ctty's planning and Sec. 2-170. Qualifications. The pnmary consideration in apaomting board and committee rnembem shati be to provide the board or committee with the needed technical, professional, financial, business or administrative expertise. An applicant's previous term as a member or an altemste member of the board ar committee on whinh them is a vacancy may be given special consideration. Whenever a current or former member of a board or committee is being considered for appointment or rseppointment to a board, the city council shall consider the number and nature of the memoranda of conflict previously filed by such individual Pursuant to ch. 112, F.$., relating to that individual's nmvfu'- ,. u~ membership on the board or committee for which the appointment is be~3 considered. All of the members of each board or inan or be otbe~lse appl~abta for a particular beard o~"~r~i~t~'~' ~ (Ord. No. 0-97-56, § 5, 9-25-97) ' APPLICATION TO SERVE ON CITY BOARDICOMMITTEF (All City Board and Committee Members Must be Residents of t~e City of Sebastian) HOME PHONE: l~% ,' :~ BUSINESS: _ ..-'"'".-~"~,, , BUSINESS ADDRESS: ~ E-MAIL: BUSINESS PHONE: BUSINESS FAX: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? DO YOU CURRENTLY HOLD .~NY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD Or COMMITTEE? WHICH BOARDS/COMMITTEES? E-MAlL: HOW LONG? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: *CHARTER REVIEW COMMI3-rEE (serves only 6 months every 7 years - meets next in 2006) "'-'-,7'- CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMt'I lEE (perrnamentboard) 7PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent ~tatutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent boa~cl) OTHER TEMPORARY COMN. i i mE (If applicable) (WRITE IN COMMITTEE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (a~tach separate resume if necessary), R~ONS FOR WANTING TO SERVE ON BOARD OR LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI I ~ ~-E: -lAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TUR/~/T~,UDE,, IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECT ABOVe? I hereby ~ ~'l am qualified ~ hold ~e posi~on ~r which ~is appli~tion is made. FuCker, I hereby a~o~e ~e Cl~ of Seba~ian m invas~gam ~e ~t~lness of all iMo~Mion ~i~ ~ have provided in ~is appli~n. I undem~nd f~t any misrepresentation or omission of info,on mqu~e~ in this applicon is ~ for disqu~ll~tion. I have b~n pmvi~ ~h, read and unde~and C~ of Saba~an Code of O~inan~s Se~ons 2-1~ ~m~h 2-1~ (~ed). I~o~ation re~tive to a spe~c boam or ~ is availa~ E ~pli~nt SignOre :" APPLICATION TO SERVE ON CITY BOARD/COMMI'I-FEI~ (All City Board and Committee Members Must be Residents of the City of Sebastian)~:::~ E-MAIL: BUSINESS: BUSINESS ADDrESs: ' BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? / - DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? HOW LONG? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMf]-rEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODEENFORCEMENT BOARD (permanent board - meets onth)* CONSTRUCTION BOARD (permanent board - meets once a month) HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board- meets quarterly) PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (temporary- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board- meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of financial dlscJosure is required following appointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXP. ERIENCE BENEFIT THE BOARD .YO~U'RE APPLY.lNG FO_R? LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? .//~/~ WOULD YOU CONSIDER SERVING ON a BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? /...~/ I hereby certify that I am qualified to hold the position for which this application is made. Further, l hereby autholize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and undemtand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 Information relative to a specific board or committee is available if requested. Apl~amFSign~[{ure - by /~d/,~V~.~/)t/~...~/,~.a~..._-~' , ~"-' := 'T"" ,r''~-~''''"''a' ,u ,,,¢, or has produced /A~',-.~ [; _, _, _, _, _, _, _, _, _,'~' ""-~ as., nt,fication. ~r~' P~61ic,'-S~ate of \wp-form\applicat,wpd rev. 9/2003 ~ 'r"," OF o,.-,,, ',., . ;iCF_ OF OtTy C/F_~,~i APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: -,J ~'~ Iv/ HOME ADDRESS: .5 ~ i3 A S'TI ~ lv'., FL. HOME PHONE: '~ 7~ ~',~.q/- t6~y HOME FAX: BUSINESS: E-MAIL~. BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE 'YOU A RESIDENT OF THE CITY OF S~:BASTIAN? DO YOU CURRENTLY HOLD ANY ;~BL~C OFFICE? ,--/y'pO HOW LONG? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMll F~-E? WHICH BOARDS/COMMITTEES? PLEASE CHECKTHE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ 'CHARTER REVIEW COMMITTEE (aerves only 6 months every 7 years - meets next in 2006) .___.._...CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) ~..~.CODE ENFORCEMENT BOARD (permanent board) ~ CONSTRUCTION BOARD (permanent bosrd) HANDICAPPED,.SEL,F-,EVALUATION COMMITTEE (permanent board) ~' 'PLANNING AND,i!ZO~I'Ii~G COIffSvltS~lON.~(permanentb~ard) POLICE RETIREMENT BOARD~E~USTEE$, (permat~ent statutory board) PARKS & RECREATION AD¥1SQR¥ COMMiE(temPorary) .TREE & LANDS,CAPE ADViSOR¥:~BOARD,,.(~ffrmenentJ~oard) OTHER TEMPORARY COMMl'F3~E-(if, appii~l~). ' ~ '~ITE IN COMMll-FEE NAME) IAPPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary), I REASONS FOR WANTING TO SERVE ON BOARD OR COMMIg-FEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: ~VE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MOP, AL TURPITUDE IN THIS OR ANY STATE? .~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~ hereby cart~ that'1 am qualified to hold ~ position for which this application is made. Further, I hereby authorize he City of Sebastian to investigate the truthfulness of all'information which I have provided in this application. [ understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (aU~ched). information relative to a specific board or COmmittee is available E requested. \wp-form~applicat.wpd rev. 512002 AppliCant Signature me this l~,~ ~:L~'y '~'~. ~ ~ ~4, by or has ptodu¢ed ~,E~EIVED 'i]-Y OF SEBASTIAN ; ICE OF CITY CLERK APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN?.~' ~-~ HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMI'i-i'EES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: i CHARTER REVIEW COMM[~-~EE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMI3=~EE (permanent board) PLANNING AND ZONING COMMISSION (permanent board) POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board) PARKS & RECREATION ADVISORY COMMITTEE (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMI'I I ~=E (if applicable). (WRITE IN COMMI~-I'EE NAME) APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMi'CFEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certif,/that I am qual~ied to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness nf all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification. i have been provided with. read and understand City of Sabastian Cede of Ordinances Sactions 2-166 through 2-173 (attached). Information relative to a spacific board or comm~ta[e is available if requ..eeteJ~. Applicant Signature by II _,,~.~, ANN V. ROUSSEAU \wp-form~a p plicat.wpd II~T~;7:~ MY COMMISSION # DD 089531 ~l/~j~.~ EXPIRES: March 18, 2006 rev. 512002 ~] ',~r;~>' ~,=,~y~ub~,. APPLICATION TO SERVE ON CITY BOARD/COMMITTFF (All City Board and Committee Members Must be Residents of the City of Sebastian) BUSINESS: ~. ~.\ ~. ,.~ ~.~.~ e'~ ~,~ ~o BUSINESS ADDRESS: ~.~.~,~ L.~ ,~,. ~- \ NAME: ~-~-'~,¢oc,._~ ~--'-- ~----~ ~ ~ HOME ADDRESS: 90 ~ ~7--~L.L.o ~J~ HOME PHONE: ~5'~'~1 - t.~t Lt ~ HOME FAX: ,./--'~-MAIL:~,~.~. BUSINESS PHONE: ~5-~T'l'"f BUSINESS FAX: '~,~-t'3'a") E-MAIL: c~',,~,.--~_ ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? y~.~. HOW LONG? %~/~ ,/~ DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? Nc, DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ~ ~ PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: i CHARTER REVIEWCOMMITTEE (serves only 6 months eve~ 7years - meels nextin 2006) CITIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (permanent board) CONSTRUCTION BOARD (permanent board) HANDICAPPED SELF-EVALUATION COMMi I I ~'E (penwanent board) _.p_.~J~I~NINO. AND ZONING C;CIMMIS,~i[ON (permanent board) POLICE RETIREMEN~r,~OA~,OE "i;RUS"I;E~$ (pe~anent statutory board) PARKS & RECREATION ADVISORY COMMI~EE ~p~'ary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMMI'I-I'EE (if applicable) ~ (WRITE IN COMMI'I-I'EE NAME) ,PPLICABL~ EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SF~R~E ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby cerlify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. ~ understand 1hat any misrepresentation or omission ~ information requested in this application is cause for disqualification. I have been provided with. read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee is availa~-a~9~sted. ~ Applicant SignatEre '~ ~ b fore me thm - ' ~- da ~bsori~bed andsworn to, e ' ~,/ Y r,.f.' rnmn ,who No~ Publi~, State of FI~ a 5~2002 known to me, or has produced APPLICATION TO SERVE ON CITY BOARDICOMMI'I-I'EI~ (All CIb/Board and Committee Members Must be Residents of the City of SebaStianT-,~ HOME PHONE:-~l~' '~- ~-~ HOME FAX: E,MAIL: BUSINESS ADDRESS: --~q..~ (",o~.,, ~ ~,,c~, ~----'-~'~.-~'r"~ ~)~"l ,~ ~1~ E ~IL' ~{ BUSINESS PHONE:~~5~ BUSINESS F~: ~p~- ~0 ' ' 15~ ARE YOU A RESIDENT OF THE CI~ OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CI~ BOA~ OR COMMI~EE? WHICH BOARDS/COMMI~ES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMI I ! ~'E (se~ves only 6 months every 7 years - mee~ next Jn 2006) CFFIZENS BUDGET REVIEW ADVISORY BOARD (temporary- meets du~ng summer) ~ CODE ENFORCEMENT BOARD (permanent board - meets once a month) * CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMI'r'I'EE (pemlenent board- meets quarterly) PLANNING AND ZONING COMMISSION (permanent board- meets ~wtce · month)* POLICE RETIREMENT BOARD OF TRU~'EES (permanent .~etutoG, board- meets querterly)* PARKS & RECREATION ADVISORY COMMI I 11=E (permenent board- meets once · month) TREE & LANDSCAPE ADVISORY BOARD (permanent board- meets once s month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMI'FTEE NAME) · Filing of financial disclosure is required following a~)l~ointment APPLICABLE EDUCATION AND/OR EXPERIENCE: (a bdef resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE AP, PLYING FOR? LIST ANY ADDITIONAL QUALIF CATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STAT~? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? )(,JC; WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to Investigate the ttuthfulneu of all Infom~ation which I have provided in this application, I understand that any mlampresantation or omission of information requested in this application is oau~e for disqualification. I have been pro~dect with, mad and undemtand City of Sebastian Code of OrdinanCeS Sections 2-18ti through 2-173 or ~ommlltee Is liable · (attached), Infon~aflon mauve to a specific board ~ Subscrtbed and s~vom to before ~ ...... as. Identification. Notary Public, State of Florida Applicant me this ,, -- ~ personally knoWn~ or has produced Del~a L Wtl~on My Commr~ DD244219 Exl~m~ Novem~t 22 2007 \wp-form~applicat.wpd rev. 112004 Charles E. Dodd 906 Fleming St. · Sebastian, FL 32958 · (772) 388-5440 · eddodd~aol.com Professional Summary General Manager, J. Dodd Plumbing, Inc. 2001 - Present Provide general management for regional office of south Florida headquartered plumbing sub- contractor. Regional VI> - Southeast Regional General Manager, LANtoch, Inc 2000 - 2001 Managed Southeast Region for a national data, video, and ~voice wide area network distributor and integrator, served as member of Executive Committee. President and CEO, USAble Systems, Inc. 1996-2000 Held total profit and loss responsibility for a computer software development company with a staff of 80 employees; interface with outside directors, auditors, regulatory agencies and facilitated Board of Directors meetings, served as Board member and chairperson for Executive and Finance Committees. Various Management Positions Vice President, Marketing and Customer Fulfillment, USAble Systems, Inc. ' Marketing Manager, USAble Systems, Inc. Project Supervisor, Entergy, Inc. Project Manager, Entergy, Inc. 1975-1996 Community Service Little Rock Lions Club Board Member - Otter Creek Homeowners Association Board Chairperson - Otter Creek Homeowners Association Executive and Planning Committee member - Otter Creek Homeowners Association Education BS, West Virginia State College, Business Management, and Accounting REOEIVED OITY OF ,~EB* STI, ,~ -, ,..: OF OlTY APPLICATION TO SERVE ON CITY BOARD/COMMITTFr' (All City Board and Committee Members Must be Residents of the City of Sebastian) HOME ADDRESS: ~ LJf (~ ..~) ~ ~-.,~, F,.~'-¢' HOME PHONE: .~"8~-~,SLJr~_ HOME FAX: BUSINESS: P.E GoOP..CES BUSINESS ADDRESS: k'o,C_UOm C¢_..,5o u C0_.(~5,, BUSINESS PHONE: '~'J3165r7 BUSINESS FAX: 38~- 8(orP~. E-MAIL: ARE YOU A RESIDENT OF THE CITY OP SEBASTIAN? ~/E 5 HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMI'FrEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: 'CHARTER REVIEW coMMITTEE (aenfee only 6 month~ avery 7 years - meet~ next in 2006) CFFIZENS BUDGET REVIEWADVISORY BOARD (temporary) CODE ENFORCEMENT BOARD (Permanentbo~d) CONSTRUCTION BOARD (Permanent board) HANDICAPPED SELF-EVALUATION COMMh I~-E (permanent board) ;~"~;,, PLANNING AND ZONING COMMISSION (permanent boerd) POLICE RETIREMENT BOARD OF TRUSTEES (Permanent stetu~ory board) PARKS & RECREATION ADViSORy COMMh I ~'E (temporary) TREE & LANDSCAPE ADVISORY BOARD (permanent board) OTHER TEMPORARY COMIVlI'i i ~E (if applicable) (WRITE IN COMMI'i 1 ~J~ NAME) APPLICABL~ EDUCATION AND/OR EXPERIENCE: (attach separate resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMIT'f'BE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR OOMMI"I-I'EE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS ORANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? "~/E ~ I hereby carfif./that'l am quall~ed ~ hold the post, on f~r whtc~ ~i~ appli~ton Is mede. F~er, I hereby a~o~e · e CI~ of SebasUan to ~vesQgate the ~e~ of all in.etlon whi~ [ h~e provided ~ ~is ~pli~aon. I undem~nd ~=t any mismpmse~fion or omission of ~aaon reque~ in this ~ppli~tion is ~se for disqu~lifl~tion. I have been provided w~, ~d and undem~nd C~ of ~e~an Cede of O~an~s S~s 2-166 ~gh 2-1 ~ (a~ched). i~ation relative t~ a specie b~ or ~mm~ee Is ~v~lable if ~ue~d, ~ efom ApplI~g~tu~ ~/~ [~ rev. ~002 August 12, 2003 Sirs, I am interested in serving on the City of Sebastian planning and zoning commission because I would like to help the town and be involved in its future. My business does not require much of my time and at 56 years old I still have a lot of energy. My wife Christina and I have been coming to Sebastian since her parents moved here in 1978. We have owned several homes in Florida, built one and are currently constructing our retirement home in Collier Creek. We like the way the town looks and we like the way it feels. I realize that growth is inevitable, however I feel it is possible to maintain the small town character of this place and would work to do so. I believe my business and personal experience as well as my ability to work effectively with individuals that have diverse interests and goals will enable me to do a good job for the city. Sincerely, Alan Forster ALAN J. FORSTER 648 Durant St Sebastian, FL 32958 772-581-2842 Experience 1981 - present: Vacuum Resources Founder/President I established rids specialty executive search firm, to locate senior executives, engineers, scientists, technicians, and sales/marketing professionals for technology driven companies throughout the world. I've worked successfully with Fortune 100 companies that have enormous resources and the prestige to attract high caliber employees, as well as small 10 person outfits that have limited means. I work with senior management to solve hiring problems including relocation and compensation package issues, t am usually the person that packages the job offer and gets the parties to an agreement. I have handled hundreds of successful negotiations. Vacuum Science and Technology is our specialty and from 1981 to 2001 I published monthly career newsletters which were read by over 80% of the individuals and companies involved in this unique technology. In 2001 I established www. VacuumResources.com as the premier website for career oppommities in the Vacuum, Thin Film and Semiconductor Industry. I do not publish the newsletters anymore, this activity is covered by the website. The company is now pretty much an e-commerce business. 1978- 1981 Bowl & Board Franchise/Owner Established from the ground up 3 independent retail stores, (FL-NC-MA) selling diverse line of wooden products ~om around the world. 1970- 1978 Health Bars International Founder/Owner Ran two food service concessions connected to hotels in the Miami area. Education AA - Miami Dade CC Marketmg - Florida International University APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: ~-~/~S HOME ADDRESS: HOME PHONE:'772-SZg-~5/9 HOME [=AX: '~7~_-~-~/9 E-MAIL!_i~jrni~5Z BUS,NESS: BUSINESS ADDRESS: BUSINESS PHONE:'77Z-~-~ytUSlNESS F~: ARE YOU A RESIDENT OF THE CI~ OF SEBASTIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER Cl~ BOARD OR COMMI~EE? WHICH BOARDS/COMMI~EES? PLEASE CHECK THE BOARDS.FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER RE-VIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets dudng summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* -¢T~--)~7---CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board- meets quarterly) PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)* .POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly) PaRkS & RECREATION ADVISORY COMMI'i-I'EE (temporary- meets once a month) iTREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) .,, ¢,~ (WRITE IN COMMITTEE NAME) ~ WFiling of financial disclosure is required following appointment ,,¢j~r~/ ' [ This apph'cant asked to be considered for the last P & Z opening so Z am submitfl'ng him again. Jeanette APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE. APPLYING FOR? 'ERVe-b OF LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ,f~ ~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S)SELECTED ABOVE? F~'.~' hereby cert~ that I am qualified to hold the position for which this application is made. Further, I hereby authorize he City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I undemtand that any misrepresentation or omission of information requested in this application is cause for disqualification. have been pmv ded with, mad and understand City of Sebj~.,la~of Ordinances Sections 2-166 through 2-173 (attached). Information relativeto a specific board or ~,~i'~itte~. ~'~'-~nature Subscribed and sworn to before me this ~"t ~ day of Oe~.'~. ...~l~, by "~C~.~,k~-~5 ~...~, ~_t~'~...~ , who is (~ersona!l.y known-to_ me~ or has produced as identification. f N6tary Pubii~, ~tate of FIo~da \v~.form~pplicat.wpd rev. 9~2003 lames W. lerris II! S~n, FL 32958 Phone 772-833-2246 Home Phone 561-589-3519 Email: Jwm1352~,aol.com OBJECTIVE Installation of data, voice, so~md~ and media systems and components. SUMMARY I have over 15 yeats of background in Satellite dish, ~elevision, and m~tlio installations and service. I haw experi~mce in all aspects of a o, aa o, sound and media, including data and fib~r. I have Irafm'm~ work ranging fxom single reCerver installations in mobil~ boreas to large commercial installatinas of 4 rooter dis~s on multi l~,vel buildings for government contra~ors statewid¢. WORK HISTORY -Lg.9_II:]~III~ President and CEO of J-MOR Corporation Statewide comnnmications conl~actor for servicing and installation af residential and comm~'cial darn. telephone, SOnnd. media, CCTV, ans satellite systems. ~ incindin~ de~i~oning aIid ~n~aln~ing of ~ comm~:ial sound pro, acts and asseanbly of rack 1995-1998 President, Treagure Coast Satellfte, Inc. Private comxactor p~im,,ay s~vi~ing TCI Cabl~vision./AT&T B~ in Indian River County in the im~allafion and servicing of PRIMESTAR satellite ~luipment and DCT digital cable boxes. I supervised, ~ained, and managed lip to £otlr crews at a time, as well as worldn§ in the field and managing the business. 1991-1995 Co-Owner, Sat Connect Satellite TV business servicin~ over 5,000 customers in a tri-county are~ DisRUpter of RCA DBS/DSS satellite systems. In-house service as well as beach te~lmician repairs. EDUCATION Florida State Unive~ity, 1979-1981 Furman University, 1978-1979 Indian River Comm,mity College,, 1978 CREDENTIALS I LICENSURE Licensed low-voltage contractor · Specialty Electrical Contractor Stalc o~Flolida ]~il'atJ. on in CommttinCa~OBS ~; Sound · Ii~dian River County Co~ Card · City of Sebastian Occupational License BUSINESS PLAN FOR: J-MOR Corp. P.O. Box 780765 Sebastian, FL 32978 (772) 589-3519 September 2002 CONTACT: James W. Morris, III President This Business Plan is copy number This Business P/an is confidential and is the proprietary property of J-Mor Corp. No repro- ductions of any sort, or re/ease of this document is permissible without prior written con- sent of J-MOR Corp. Table of Contents I. Mission Statement 2. Description of Services/Scope of Work 3. Map of Florida outlining areas 4. Licensure and Certifications 5. Appendix I-1 2-1 3-1 4-1 5-1 1-1 MISSION STATEMENT J-Mor Corp. will provide both commercial and residential clientele with dependable, consistent, and experienced service and installation of Audio/Video communication systems and Multimedia communications products and services. We will perfo,,~, all aspects of servicing, maintaining, repairing, engi- neering, pre-wiring, and installing these components in a prompt, pro- fessional, and efficient manner. · We will concentrate all our abilities and efforts on the task at hand, and seek knowledge and guidance when necessary. We will continue to build upon our relationship, while facilitating the needs of both parties in a spidt of cooperation and interdependence. · We will utilize all our combined resources to continually increase productivity and profitability. 2-1 General Description of Company J-Mor Corp. was founded on April 8, 1998. It is a small business, comprised of two officers who are the sole owners and operators. Its primary function is to provide services to large (national) accounts as an independent contractor. It provides both service and installation of data, voice, sound, and media equipment and wiring. It occasionally uses trained sub- contractors or employees as support pemonnel as need dictates. The owners have a com- bined industry background that spans over 25 years, with five years' retail experience in residential audio/video, and over 10 years' technical experience in both residential and commercial sound equipment, satellite and cable TV, digital audio/video, data transfer, and phone systems. Objectives J-MOR Corp.'s short-term goals are to establish itself with a select group of clients to pro- mote an efficient and reputable operation while maintaining a high level of quality and sat- isfaction. Our long-term goals are to build this business to a level of success whereby it can build a strong and lasting future, and ensure itself and its shareholders of financial security. We wish to stay a small entity with highly specialized skills, which we can provide to a handful of select clients with complete competency. We will remain privately owned, and do not desire to sell our stock publicly. Description of Services J-MOR Corp. currently has the availability of 2 trained field service/installation technicians, in addition to the owner and primary field tech/supervisor. J-Mor's office staff takes care of all the paperwork, bookkeeping, personnel, payroll, and inventory. It also is responsible for communicating with the customers on the work order and scheduling the work, coordi- nating and routing technicians, and tracking work orders. Most importantly, it is the con- stant liaison between DMX and its customers. J-MOR Corp.'s main office is currently located in Indian River County, Florida. Our service and installation territory is outlined on the enclosed map of Florida. Basically, we provide coverage as far North as Daytona Beach, West to Orlando, and South to Delray Beach. We can provide coverage on installations in a much broader range of areas, and would appreciate the opportunity to submit a bid on that work. J-MOR Corp. is currently a Gov- ernment contractor for the entire State of Florida. 2-2 Scope of Work We provide a guaranteed 24-hour response time for local service. We also handle after- hour and weekend service requests dependent upon customer needs on an emergency basis. Our hours of operation are from 8 AM to 5 PM. The field staff is available 24 hours a day, seven days a week. We provide a 90-day labor warranty on all service and a one-year labor warranty on all installations. We shall notify DMX of acceptance of installation work- orders within 24 hours of receipt. We guarantee performance of required work on said work order to the satisfaction of DMX and its customers. We will cooperate and communi- cate with all parties in the scheduling and performing of the work. We will provide all tools and labor necessary for the execution and timely completion of each job. All of our field staff personnel are required to appropriately represent the client at all times. They will ar- rive on the job on time, neatly dressed, and with identification. Their vehicles will be kept in proper working condition. They will be required at all times to maintain a basic inventory of tools, ladders, replacement parts, meters, etc. We recognize that there is a need to set definite parameters of a standard installation. However, it has been our experience in the past that there will be deviations and excep- tions, and that we must allow for contingencies. For the purpose of this plan we will define the standard satellite install as a DBS/DSS satellite system consisting of one receiver, dish, single LNB, and distribution to one TV. For sound system installations, the standard rate card for each component (speakers, amps, MOH, modules, microphones, etc.) would apply. The terms for each individual installation should be outlined on the Subcontractor Agreement provided with the work order. Service is available for Satellite (audio and video), 3M drive-thru components, sound equipment (8 Ohm and 70 Volt), cable TV, and phone lines. 3-1 Map of FlOrida Local Territories: shaded Outside areas of coverage (with travel time): all other areas I WAKU LLA TAYLOR N LAKE ORANGE POLK J-MOR LEE GLADES HENDRY COLLIER EiROWARD 4-1 CREDENTIALS / LICENSES o- State Registered Low Voltage Contractor · Indian River County Competency Card · Communications and Sound Certification · Specialty Electrical Contractor Certification · Occupational Licenses (in municipalities where offices lie) APPLICATION TO SERVE ON CITY BOARD/COMMITTEE {All City Board and Committee Members Must be Residents of the City of Sebastian) [NAME: ~ ~/~ I HOME ADDRESS: J'~_.~ ,~,~.,,f/ ~/'~,,~ 7~ HOME PHONE: 7,~Z. -.~'~-z.?~c-7 HOME FAX: BUSINESS PHONE: 22Z~-/?:7 BUSINESS F~: ARE YOU A RESIDENT Of THE CITY OF SEBASTIAN?,.~ HOW LONG?.~, 7~E,~,~. DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? .4/A PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMI ~ ~ cE (serves only 6 months every 7 years - meets next in 2006) ~ CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets du,'ing summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* CONSTRUCTION BOARD (permanent board- meets once a month)* HANDICAPPED SELF-EVALUATION COMM[I I ~'E (permanent boa[d- meets quarterly) .~ ~ PLANNING AND ZONING COMMISSION (permanent board- meets ~wice a month)* .? POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quer~e#y)* co PARKS & RECREATION ADVISORY COMMITTEE (permanent boa,'d- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board- meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) · Filing of financial disclosure is required following appointment N AND/OR EXPERIENCE: (a brief resume is req~uired) APPLiCA~BLE EDUCATIO ~ .... . /.¢~ -.,,¢..-~, H .........., ~ ~.o ~VOERIE~CE BENEFIT THE BOARD YOU'RE APPLYING ~OR?: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI ~ ~ ~E~y ~AVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECT~-L) ABOVE? I hereby certify that I am qualified to hold the position for which this application is mede. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of ali informatk~n which I have provided in this application. I · · ' ' · ' is cause for understand that any misrepresentation or om~ssDn of Information requested ~n th~s application disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information rela~ve to a specific board or committ~ is aveilable.~/equ~asted. Appll~t Signatrum~'' ' -- ~/3~,'~3 1'4 ~ ~¢-~ .... who is personally known to me, or has produced ~ ~. ~ ~ .as identification. Notary Public, State of Flodda U Notary public, State 0f Florida My comm. exp. Nov. 3, 2005 Comm. No. DB 162541 \wp-form\appiicat.wpd rev. 112004 JOHN H. OAKES 593 Birch Court Sebastian, FL 32~,8 HOME (772) 388-2957 CELL (772) 480-1907 Oakesj ohn 7(~aol. eom WORK EXPERIENCE MFC MORTGAGE Feb 2~, 2004 - Present SEBASTIAN, FL Account Executive Exclusive Loan Officer for Marenda Homes Inc. for all new properties located in Indian River and Port St. Lucie Counties. I assist any and all customers in their effort~ to obtain financing for their primary residence, invesiment and second homes by providing the least expensive rates and closing cost to the customer. I am the customer's point of contact for ori~n~tng the loan and their liaison throughout the mortgage application process until the loan closes and they have obtained title to the property. SEBASTIAN RIVER MEDICAL CENTER (Part-Time) Dec 8z, 2003 - lan. 31, 2004 SEBASTIAN, FL EMTfrransport Driver Assist in the coordination of transportation for adult, geriatric and podiatric patients. TIMOTHY S. SIGMAN M.D.P.A. (Part-Time) October 2002 - Present SEBASTIAN, FL EM'r/Medical Assistant - Doctor's Office*Per Diem Patiem Preparation; includes vital signs, weight, 02 sutmatiun, EKG's, shots, prescriptions under Doctor's Direction. Coordln~,~ Blood/Urine Lab and Specialist appoinUnents. INDIAN RIVER MEMORIAL HOSPITAL March 2003 - August 2003 VERO BEACH, FL EMT/Medleal Transport Under the general auspices of the Medical Director and direct supervision of the Transport Coordln~or, Provide basic life support and assists the Paramedic with advanced life support. Operate hospital vehicles in the emergent as well as routine situations. SEBASTIAN RIVER MEDICAL CENTER Oct 8 2002 - March 2003 SEBASTIAN, FL EMT/EKG Technician - Cardio/Pulmonary Department Administer EKG's for patients in the Emergency Room, Intensive Care U~it, Recovery Room, Ambulatory Dept., Med Surg Dept., Progressive Care Unit and Diagnostic Center. Respond to Codes as is needed within the hospital. *** I will provide copies of my last performance reviews from Sebastian River Medical Center and Indian River Memorial Hospital if requested *** HEADWAY CORPORATE STAFF ADMINISTRATION Nov 2001 - Jauu~xy 2002 NEW YORK, NY Mortgage Contract Underwriter for G. E. Mortgage Insurance Assess risk of mortgage loan applications approving or denying the application per Investor guidelines. CENTRAL CAROLII~A BANK & TRUST Sept 1999 - Nov 2000 DURHAM, NC (lost my job due to a m~rger) Mortgage Loan Consultant - Mortgage Direct Department Consulted and originated mortgage loans for bank customers referred by bank branch personnel. Conventional, Jumbo, VA, FHA & Non-Conforming loans. Supervised processing and conanl~xi with underwriting to ensure accurate and saleable loans to secondary market. Cross sold and/ur referred other bank products to c~oatomers. HOMEVEST MORTAGECORPORATION Feb 1999 - August 1999 RALEIGH, NC (company wont out of business) Branch Manager Supervised processing staff and Icon officers. Originated Conventional, Jumbo and Non-Conforming mortgage loans. Solicited Builders, Realtors and Individual consumers for purchase and refinance loans. REGIONS BANK FINANCIAL CORPORATION Nov 1997 - Dec 1998 ALPHARETFA, GA (lost my job due to a merger) Account Executive (for the state of North Carolina) Solicited Correspondent Lenders, Credit Unions and Brokers for their non-conforming and coostrucfion mortgage loans. Serviced established customers and developed new business. Introduced and explained all loan programs. I was the liaison between correspondents and internal departments, maintained monthly sales quota. CONSOLIDATED MTG. & FINAlqCIAL SERVICES March 1996- October 1997 CARY, NC Loan Officer Identified mortgage loan programs for prospective customurs that phoned into our centralized call center requesting home equity loans or refinance. Facilitated the origination and assisted with processing the loan. Reviewed thc closing and funding of thc loan package. G.E. CAPITAL MORTGAGE/KELLY SERVICES October 1995- D~c 1995 Lonn Processor Processed mortgage inanxance applications fi.om lenders and issued commitments using image and RMG. BANKERS LIFE AND CASUALTY INSURANCE Nov 1994 - October 1995 CORDOVA, TN Insurance Agent Sold annuities, life, health Insurance, medicare supplement and long term care inanrance. Utilized these products to protect Senior citizen's assets and quality of life. Previous Employment Experience Federal Express Corporation: Field Operatiom~/Trace Agent/Sr. BillIng Agent (approx 6 yrs) EDUCATION Indian River Community College Graduating with Associate Degree Approximately December 2004 Evoc EMS 1335 Ambulance Certificate Brevard Community College Emergency Medical Technician August 2003 - Present March 2003 ,ran - May 2002 Certificate # 305197 American Heart Association Wuesthoff-CTC Tra~ Center BLS CPR/AED Flight Safety Academy Private Pilot License, Private & Commercial Ground Certifications American Institute of Banking Certificate 1999-2000 Analyzing Financial Statements Wake Technical Community College Certificate 1999 Mortgage Underwriting University of Memphis 1992 - 1995 Course work in Business/Economics - 62 credited hours Graham Heights Academy-Diploma 1976 - 1978 Jan 2002 issued Feb - Oct 2001 ADDITIONAL -City of Sebastian Code Enforcement Board Member - December 2001 to March 2003 -Mac 5000 ECG - Proficient -North Carolina Life Accident & Health Insurance License (non-active) Life Plans & $amulty Plans -Tennessee Life, Medical and Health Insurance License (non-active) Tennessee Fundamentals of long term care insurence/Annuities/401 -k -Washington State Real Estate License -Rockwell Institute/Renl Estate Fundamentals Certification -DU & LP Ixainad and proficient -Mortgage Ware, Gallagher, Contour and Calyx - Loan Origination Systems -Computer literate, typing (50-60 wpm) and CRT -Volunteer Fireman, Falls Fire Department, Raleigh NC Fire Fighter I & II classes, Haz Mat plus Certified, First Respnnder/CPR Wake County Fire Fighter Rookie School Certified REFERENCES Dr. Troy Morrissette MD Dr. Creed Fox MD Dr. Timothy S. Sigman A1 (Rick) Riccardi - Florida Highway Patrolman Phil Smith -Assistant Chief Pilot Hattiesburg MS (601) 268-5185 Hattiasburg MS (601) 26g-5185 Sebastian, FL (772) 559-6208 Ft. Pierce, FL (772) 215-9131 Palm City, FL (772) 538-5271 February thru November of 2001 I was a student at Flight Safety Academy in Veto Beach Florida. I was train/rig to become a Commercial Pilot, enrolled in their "fast tract" program to the Regional Airlines. Due to the tragic events limt took place on September 1 lth of 2001 and the impact that it took on the airline industry economically this program was discontinued. I made the decision to discontinue my f~ll-time pilot training. I withdrew from Flight Safety Academy in November 2001. From February thru July of 2002 1 attended Brevard Community College. DurIng this time I obtained my EMT Training and State of F!orida Certification. Also during this time I completed the national cognitive and skills evaluations in accordance with the curriculum of the American Heart Association for the BLS for Healthcare Providers Progran~ CPR / AED. · ~P, P,,LIC, ,,ATION TO SERVE ON CITY BOARD/CC~MMI'FI'EE (_A._C tv Board.and Committee Members Must be Residents of t,~e City of Seba~tl;~n) tOMEADDRES$: 17o/ £ o ~ ~ E T l. t~ ci ~= ~=HOMEPHONE: -~ ~'~- 09 -~'7 HOMEFAX: 3,~-.~c)..C-d-E-MAIL: IARE YOU A RESIDENT OF THE CITY OF SEBABTIAN? x/z:.c HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMi, f ~-E? WHICH BOARDS/COMMI f i ~.ES? , PLEASE CHECK THE BOARD8 FOR WHICH YOU ARE INTERESTED .IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: ! CHARTER REVIEW COMMITTEE (aen~ only 6 mont~ ever/7 yes~. meek next In 2008) ~ CITIZENS BUDGET REVIEW ADVISORY BOARD (~ty- mee~ ;~urlng aummer) i CODE ENFORCEMENT BOARD (pon. enest ~oaffi - meets once a mot~h)' i CONSTRUCTION BOARD (pe/mene/~t boe,'O'- meet~ on~ · ,I HANDICAPPED SELF..~ALUATION COMMI I ! ~ (pem~tter~t b~ - meet~ quant) ~PLANNING AND ZONING COMMISSION (pemtonenf boe~ - mee~ tt~e · monfh)° · POLICE RETIREMENT BOARD OF TRU~I'~ (]~rmanenf,~atu~/~:~,~- nteets :, PARK~ & EECF~EATION ADVISORY COMM~ i 1 ~-i= (pem~nent b~e~O - mee~ ~e [ TREE & LANDSCAPE AOVISORY BOARD (~etmenent boom'- meets ~;w r.,e ,. OTHER TEMPORAt~'Y COMMITTEE {if al~pll~able) , ~/RiT~. IN CO MMIT'I~E Rting M ~nancl;I dl~ure Is required fdlo~d, ng ~nln~tt, APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume i..; reel-ired) HOW WOULD YOUR EXPERIENCE BENEFIT'I'HE BOARD YOU'RE APPLYING FOR? LI,~T ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HA~/E YOU EVER BEEN CONVI~'I"~D OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVIC'TED OF ANY MISDEMEANOR INVOLVING MORAL TI~PITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOAF~D OTHER THAN 'rile ONE(S} Big..~o'rl~D ABOVE? APPLICATION TO SERVE ON CITY BOARDICOMMrI-[EE (All Citg Board and Committee Members Must be Residents of the C[N of Sebastian '.~ HOME ADDRESS: HOMEPHONE: 5~O~- '~'l~ HOMEFAX: Y'-).(~plr'~ E-MAIL: BUSINESS ADDRESS: ,~ BUSINESS PHONE: ~ BUSINESS F~: ~ E-~IL: ~ ARE YOU A RESIDENT OF THE CI~OF SEBASTIAN? ~ ~ HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ~ ~ DO YOU PRESENTLY SERVE ON ~Y OTHER Cl~ BOARD OR COMMI~EE? WHICH BOA~S/OOMMI~EES? ~ O PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMITTEE (serves only 6 months every 7years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board - mee~s once a month)* CONSTRUC'nON BOARD (permanent boarcl - meets once a month)* HANDICAPPED SELF-EVALUATION COMMI I I IcE (permanent board - meets quarteriy) PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)* POLICE 'RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board- meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) · (WRITE IN COMMITTEE NAME) *Filing of ~nancial disclosure is required follo~ving appointment ABLE EDUCATION AND/OR EXPERIENCE: (a bdef resume is required) APPLIC . ~ ~ ~ ~. HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL QUmALIFICATIONS TO. SERVE ON BOARD OR COMMI ~ I ~.¢: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~ O WOULD YO~I CONSIDER SERVING ON a BOARD OTHER THAN THE ONE(S) SELE(-;f~-D ABOVE? ¢¢ I hereby certify that I am qualified to hold the position for which this application is made. Further, I bemby authorize the City of Sebastian to investigate the b-uthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested m this application is cause for disqualification. I have been provided with. read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Infomnation relative to a specific board or comml~lee is available if ~o.,a'ested. , ,, a nt Signature Subscribed and sworn TO before me this ~day of [".V'~-.'ft, , d~..~, by ~ ¢~ l.~ ¢ ~ j .~ [ is personalIz known ~.o- me, or has produced as identification. lic,"StaJe (~f Florida JJ~.~'~""% MycOE,~IS~fON~DD~1347 lJ ~1[~....~!~..:' EXPiRES:FeJ~uaw ~6,20~ [~ \wp-form~applicat.wpd ~,~-;~¢ -' a~.~ta~u.~e'~s PLANNING & ZONING COMMISSION 3-YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 P.M. MEMBER NAME AND APPOINTMENT HISTORY CURRENT TERMS ADDRESS STATUS COMPLE [MOST RECENT HISTORY TED FIRST] Daniel Keough Took Emil Svatik's Regular Term to expire 160 Day Drive Member Position 3/24/2004 11/1/2004 Sebastian, FL 32958 589-0070 Took Taylor's Unexpired Alternate Member Position Term to expire 8/13/03 1/1/2005 Ed Seeley Took Monier:s Unexpired Term to expire 697 Albatross Terrace Regular Member Position 4/1/2005 Sebastian, FL 32958 1/28/04 581-5646 Term to Took Blessing's Unexpired expire 11/2004 Regular Member Position 8/24/03 ~ Tcck Chcdcc ~'-...Tc_~ 'J~×~!;cd Term to expire ~.~q-~3et,~ Te~aee ·- 5/112005 · , * ~.~7/2003 William Mahoney Reappointed Regular Member Term to expire Served 207 Delaware Avenue 2/13/2002 2/1/2005 one full Sebastian, FL 32958 term 589-8524 Took Pliska Regular Member Term to expire Position 1/12/2000 2/1/2002 Took Shirley Kilkelly Altemate Term to expire Member Position 11118/98 11/1/2001 Richard S. Smith - Reappointed to 3 year term Term to expire Served Chairman 5/2003 6/1/2006 one full 787 Carnation Drive term Sebastian, FL 32958 Took Gerhold Regular Member Term to Expire: 388-6142 Position 7/26/2000 611/2003 Took Mahoney Alternate Member Position 2/23/2000 Term to expire 11/1/2001 85 Harold E. Faille Took Shed Reichert Unexpired Term to expire 933 Oswego Avenue Regular Member Position 11/3/02 6/1/2004 Sebastian, FL 32958 388-9891 Andrew AIIocco Took Gene Rauth's Unexpired Term to 1485 Barber Street Regular Member Position expire Sebastian, FL 32958 2/12/2003 1111/2005 388-3188 Took Harold Faille's Unexpired Term to Altema~ Member Position expire 1113102 1/1/2005 William Simmons Took Seeley's Unexpired Term to 509 Drawdy Way Aitemate Member Position expire Sebastian, FL 32958 1/28/04 11/2004 589-9826 John Oakes Took Keough's Unexpired Term to 593 Birch Court Alternate Member Position expire Sebastian, FL 32958 3/24/04 1/1/2005 388-2957 Staff Liaison - Growth Management Director Board Secretary - Susan Lorusso 86 CITY OF HOME OF PELICAN ISLAND April 5, 2004 PRESS RELEASE PLANNING & ZONING COMMISSION THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE FOLLOWING UNEXPIRED POSITION ON THE PLANNING AND ZONING COMMISSION: REGULAR MEMBER POSITION EXPIRING 5/1/2005 ALL COMMISSION MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. PLEASE NOTE THAT SHOULD COUNCIL FILL THE REGULAR MEMBER PosmoN WITH AN ALTERNATE, THAT ALTERNATE POSITION MAY BE FILLED THAT NIGHT WITH ONE OF THE SAME APPLICANTS. THIS BOARD MEETS ON THE FIRST AND ~ THURSDAY OF EACH MONTH AT 7:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONs ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR AT WWW.CITYOFSEBASTIAN.ORG AND WILL BE ACCEPTED UNTIL APRIL 16, 2004. IIIIII City 'board sIots open AIRBOAT Al)VI with Captain' Bob lVJontuor SEBA~STIAN ~--.City oflS- cials are seekJ.ug applicanm to E~ two positions on city .boards. Applicatiolls. are ~-~3~,ac- ce~ted until April t6 to fill a r~gular member position on the Planning and Zon~g Co~mfission, with the tern rifle commiss/O/X meets at7 'p.m. on the first and Thursday of .the month in the-council chamber at City HalL'1225 Main St. .~ Applications are be/a~.g ac~ cepted through April 16 w fi~ an almrnate.member siti0n on the Tree and Land- scape Advisory Board, with the term'to expire November 200§. The board meets at p.m. on the first Monday of each mo!~th in ~ council chamber. Applicants for both posi- tionsmust be Sebastian resi- dents. Applications are available k~he Ci~/ C]~rk's ~ at, City',~4~]l between 8 a.m. and 4:30 p.m. on weekdays, or car~ be ,downloaded fi'om the ci~s.Web site, at www.ci- ~yo~eba.gia~.org. Natio LI~-x'S ,~ CO~ ' s.5549 or 1536 CYPRESS HO~ O~ PF&IC..KN ~ CITY OF SEBASTIAN AGENDA TRANSMIT]AL Subject: One Vacant Alternate Member Position on the Tree and Landscape Advisory Board ~ ©q. i 2 0 Department Origin: City Clerk Purchasing/Contracting: Finance Director: City Attorney: ~(_~ x)~ City Clerk: ~'y Date Submitted: 4/19/04 For Agenda of: 4/28/04 Exhibits: City code, applications, board member list, ad EXPENDITURE REQUHtED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY There is an alternate member position available that will expire 11/2005. There have been two applications submitted. RECOMMENDED ACTION Interview unless waived and submit nominations for the altexnate member position to expire 11/1/2005. LivePublish Page 1 of 1 ]~ Search Advanced Search Document Previous Document Next Document Previous Document Match Next Document Match Contents Where am I? Sec. 54-3-14.17. Tree and landscape advisory board. (a) There is hereby created a tree and landscape advisory board, which shall provide advice to the city council as requested by the council on care of trees and landscaping on city property, preservation of historic trees, proposed planting of trees or landscaping on city property, preposed amendments to this tree protection and landscape ordinance, and such other matters as required by the city council from time to time. (b) The tree and landscape advisory board shall consist of five regular members and two alternate members. Each member shall be a resident of the city and shall be appointed by the city council. Members shall serve without compensation. All members shall be appointed to three-year terms. (c) Vacancies shall be filled by action of the city council. (d) Meetings shall be held at such times and places as determined by the city council and shall be open to the public. (Ord. No, O-02-06, § 1, 4~10-2002) Search Results Clear Search O_m/om Frames Printable Format Help Previous Doc I Next Doc http://livepublish.municode.com/8/lpext.dll/lnfobase23/1/8bddcda/dca?f-=templates&f~=alt... 4/19/2004 APPLICATION TO SERVE ON CITY BOARDICOMMil I~'E (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: HOME ADDRESS: t~ ~ ~ ~-~'~E CI"~ HOME PHONE: ~'~ - q ~-1 ~' ,~' HOME FAX: E-MAIL: BUSINESS: iO't ~- BUSINESS ADDRESS: t,J [ ~ BUSINESS PHONE: i--')/~-' BUSINESS FAX: ~. E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ~,~ HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMll-I'EE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board- meets once a month)* CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMi//t::E (permanent board- meets quarterly) PLANNING AND ZONING COMMISSION (permanent board- meets ~wice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets querte#y)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board- meets once a month) ~..~)REE & LANDSCAPE ADVISORY BOARD (permanent board- meets once a month) THER TEMPORARY COMMll-FEE (if applicable) d-.l (WRITE IN COMMITTEE NAME3 Filing of flnandal disclosure is required following appointment ~,PPLICABLE EDUCATION AND/OR EXPER. IENCE: (a brief resume is required) · IOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? LIST ANY ADDITIONAL OUALiFIOATIONS TO SERVE ON BOARD OR OOMMI1 i ~: flAVE YOU EVER BEEN OONVIOTED OF ANY FELONY IN THIS O~ ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~L3 6 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECfI=O ABOVE? q~_.~ , I hereby cattily that I am qualified to hold the position for which this application is made. Further, [ hereby authorize the CIty of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested In this application is cause for disqualification. I have been provided with, mad and understand City of Sebastian Code of Ordlnancss Sections 2-165 through 2-173 Information relative to a specific board or committee is available if re,quested. ~. Applicant Signature , ~ da, o,, known to me, or has produced bed and_ sworn .to before ms this ~'~.~ .-. as identification. N~-~ry Pub.C,7St~ta of Florida \wp.fo rm~applicat.wpd rev. 112004 Sal¥ A Maio M¥COMMISSION# 00151155 EXMI~ES October 5, 20~6 Kenneth F. Albrecht 1359 Teaberry Lane, Sebastian, FL 32958 Email: Kenendute~aol.com Ph: 772-589-4485 Object.e: ExpoHence: 2003 to present 2000 to 2001 1997 to 2000 1994 to 1996 1993 to 1994 1991 to 1993 1990te1991 1989to1992 1988to1990 1986to1988 1982to1986 Educafion/Lieansing: 2000 1989 1987 A challenging management, finance or accounting position which will fully utilize acquired skills, abilities, education and experience. Substitute Tcocher~ Indian River County School District. Planning Asaneiat~ AXA Advisors. Perform financial planning end investment services for businesses and individuals. Accounting Supervisor, Vero Beach Press Journal. Supervised accounting department with four ~mployees. Staff Accountant, AT&T Germany. Responsible for f'mencial operations end reporting for AT&T Consumer Products, Germany. $20 million in revenue. Customer Service Aseneinte, AT&T Germany. Performed customer data input and responded to inquiries regarding AT&T's Calling Card programs. Direetor~ Business and Operational Services, City Colleges of Chicago-Europe. Responsible for financial department of ovorseus commUhity college with $7 million in revenue. Supervised 18 employees. Manager of Business Pro,rams, City Colleges of Chicago-Europe. Managed business programs. Responsible for academic quality of all business programs with over 3000 students. Adjunct Faculty, City Colleges of Chicago-Europe. instructor in the areas of accounting, business, management, end math. Academic Evaluator, City Colleges of Chicago-Europe. Evaluated academic credit of students and provided counseling and guidance. Assistant Manaeer, Mainz Area Club System. Responsible for operation of military club during the evening hours. Supervised staffer she Helicopter Mechanic, U.S. Army. Sup~nvised end performed maintenance on various Army aircraR. Responsible for five aircraR and 10 mechanics. Awarded two Army Achievement Medals end one Good Conduct Medal. Series 7, 66 end State Life, Health end Variable Annuity licenses (currently inactive) MBA, Embry-Riddle Aeronautical University, European Division BA~ Professional Aeronautics, Embry-Riddle Aeronautical University, Europeen~~ OITY OF APPLICATION TO SERVE ON CITY BOARD/COMMrrrEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: ~(~; C_~ (~ \{.o HOME PHONE: ~5 -Z01~ HOME BUSINESS: ~C~ ~c~ BUSINESS ADDRESS: BUSINESS PHONE: E-MAIL: E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: __ CHARTER REVIEW COMMI'I-rEE (serves only 6 months every 7 yeara - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary- meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board- meets quarterly) PLANNING AND ZONING COMMISSION (permanent board- meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (temporary- meats once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) OTHER TEMPORARY COMMITTEE (if applicable). (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment APPLICABLE EDUCATION .A~D/OR EXPER ENCE: (a brief resume is requi,r, ed) HOW WOULD YOUR EXPERIE~E BENEFIT THE BOARD YOU'RE APPLYIN~ FOR7 LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~X,.~'b WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? 7~,.~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification, I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee ih availab.l~ if Al~pilcant Slgna~ur~ Subscribed and sworn to before me this 2---/"'~-{'l'~ day of 0(~'~.~" , ZO~),~), by IYlisht. IIo_ Rle. r lio who is personally known to me, or has pmduce.~d i~L. '[~IV'~i"5 ~j~t-l,~ asidentificafion. Publi~, State of Florida \wp-form~applicat.wpd rev. 9~2003 C]'ITO~ ] BAS'rlAtl HOME OF PELICAN ISLAr4D April 5, 2004 PRESS RELEASE TREE ANDLANDSCAPEADVISORYBOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL AN UNEXPIRED ALTERNATE MEMBER POSTITION ON THE TREE AND LANDSCAPE ADVISORY BOARD THAT WILL EXPIRE 11/2005. QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN. THIS COMMI']q'EE MEETS ON THE FIRST MONDAY OF EACH MONTH AT 5:30 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR AT WWW. CITYOFSEBASTIAN.ORG AND WILL BE ACCEPTED THROUGH APRIL 16, 2004. City board slots open SEBASTIAN--City cisls are seeking applicants m fill ~vo positions on city boards. Applications. are. being, ac- cepmd~un~.l April 16 m fiji. a ~g~,l~r m~mber position on . ~he pln~n~g ~ ZOning Commi~ion. with the ~ to expire May 2005. Th~ co~m,~slon meets at ? 'p.n~ on the £~rs~ and third Thursday of .the month in fl~e~council.chamber at City H~;1225 Main St. ~ Applications are being ac- cepted through April 16 fill an alternam.member po- zit~On on ~he Tree and Land- scape Advisory Board. with the ~erm ~o expire November 200§. The board meer~ at 5'20 p,m. on the Ernst Monday of each month in the councg. chamber.. Applicants for bo+ab posi- tions mus~ be Sebast~ resi- dents. Applications are available im~.the City Clerk's office at. City,'~.11 betwean 8 ~ m. 4:30 p.m. on v~eekdays, or can be downloaded fcom tim cit~,s,Web sire. at ~yofsebastian.org. All. OAT ADV with Captain Bob PIontuor Natio ~ew ~mlon and ~'"'""~5.5549 or 1536 CYPRESS (2 blo~s N~N of U- TREE AND LANDSCAPE ADVISORY BOARD 3-YEAR TERMS MEMBER APPOINTMENT HISTORY CURRENT TERMS NAME AND STATUS COMPLETED ADDRESS Nary Bennett Took Cathy Fulton's expired Term expires 677 Wimbrow position 3/24/04 4/2007 Drive Sebastian, FL Term expires 32958 Took Mr. Creamer's 1112005 581-9266 unexpired alternate position 9/10/03 Charles D. Term expires Has served Cardinale Reappointed Regular 474 Thomas Member 3/27/2002 4/1/2005 two full terms Street Sebastian, Reappointed Regular Term expires Florida 32958 Member 4/26/2000 4~2002 589-4892 Home Appointed Regular Member Term expires 4/1998 4/2000 Anne Dann Term expires Has served 826 Robin Reappointed Regular Lane Member 3/24/04 4/2007 one full term Sebastian, FL Term expires 32958 Reappointed Regular 888-3440 Member 4/11/2001 4/2004 Took Clay Fielding's Regular Term expires Member Position 4/2001 12/15/99 Lynn AIbury Term expires Has served 1666 Reappointed Regular Seahouse Member 3/27/2002 4/2005 one full term Street Reappointed Regular Term expires Sebastian, FL Member 4/26/2000 4/2002 32958 589-0037 Took Dan Herlan's Regular Member Position 12/15/99 Term expires 4/2000 89 Henry Madsen Reappointed alternate Term expires 525 Saunders 11/2002 11/2005 Street Term expires Sebastian, FL Took Ruth Davis' Unexpired 4-/2004 32958 Regular Member 8/13/2003 388-0135 Took Larry BirchmeyeCs Alternate Member Position Term expires 7/10/2002 11/2002 Vacant Term expires Alternate 1112005 Position Marsha Took Henry Madsen's Term expires Fusco Unexpired alternate position 11/2005 849 Vocel~e 8/13/2003 Avenue Sebastian, FL 32958 581-4442 BOARD SECRETARY - Donna Cyr 90 CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Special Event Approval for Sebastian Inlet Sail & Power Squadron's Picnic with a Flare Approvf~or Sub~~City Manager Terrenc~l~'M r~ ' Agenda No. ~)~. t Department Origin:~(~/~ Purchasing/Contracting: Finance Director: City Attorney: .City Clerk: Date Submitted: April 20, 2004 For Agenda of: April 28, 2004 Exhibits: Letter from Power Squadron and Park Use Permit Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION None N/A REQUIRED: None SUMMARY The Sebastian Inlet Sail & Power Squadron is seeking Council Approval for a Special Event at Riverview Park. The event titled Picnic with a Flare will take place on May 29, 2004 from 10AM to 2PM. This coincides with National Safe Boating Week, which is fi.om May 22 to May 28, 2004. The attached letter from the Power Squadron outlines the activities associated with the event. The Power squadron currently has City approval to hold monthly boating safety classes at the Yacht Club. Staffhas met with represematives from the Sebastian Inlet Sail & Power Squadron to discuss logistics for this picnic at Riverview Park. The City would provide extra trash receptacles ~nd bleachers for the event and the Power Squadron will clean up the Park after the event. RECOMMENDED ACTION Move to approve Sebastian Inlet Sail & Power Squadron's Picnic with a Flare at Riverview Park on Saturday, May 29, 2004 from 10 AM to 2 PM. FROM : EM T~C~ o¢C~rleston In¢ PHON~ NO. : 84~ 795 0871 Am. 12 ~4 ll:~AM PI t225 Hain Street, Sebastian, Fl 32958 Telephone (772)589-5~30 - Fix (772)585-5576 CZTY O? $£~ASTIAN '~ ~ar~ E'vmt - ~ t~, 300 ,,~ea~ees ~Tease ch~ck the sppropr~ate or ~j Spm~t~l Eveut - 301 or lVJor~ Attmdees ~1004)D ~,ppile~tioa Fee Mai i tng Reason Requeste~ Oate(s> ~,,;~, there be any ~ale of ~oo~s? ZY yes, please describe type of goods on bacK. Foo~ or other type~ of vendors? Yes / No , ,, If yes, please ~dst name, aa~ress a~¢ type of vendor~ -a~O,.$chema~tc of any structures to be erecte~ or otherwise assembled on ~ack. appli~H~o~-t~ ~u:nortzeO a~ent of the appMcan~. [ fur:her acknowledge that I afl aware of the provisions Of the City of Sagas:lan Codes in respect to th~s application and ~e use of the City facilities for w~cn [ ~ave apo~ied for a permit to aL[ow a Par~ Event or a Special Event. I have ma~e myself familiar wi*th the ~emeral rules eno regulations prescribed by the Ci%y and agree tO :ha terms of the permit, Offic~ USe On!y: ) )>ermit Fee Paid App: i ca~tTA~'ent $ ~na t ,u re FROM : EM TECH o?Charleston In~ RHObEE MO. : 843 795 0871 APR. 1~ ~-~04 11:09AM P2 ~ar~ A~pi~ca~on Continue~ - If Requfred NA,~ ADD~E$S [ TYP~ OPPIC~ USE ONLY: Special Com(~ltions of Permit as Requesteo by Cit), S~ff bas met... ~rith relT~es~taliives fz-c~u the,r;$~h~ti~ Inlet ,~ 1 & ~cr~r Squardron to disCUSs logistics for this picnic at Riverview Park. . The City would provide extra trash receptacles and bleachers for the event and the Power Squard~un w~l clean up the Park after the event. A UNIT OF UNITED STATES POWER SQUADRONS® Mr. Chris McCarthy Parks & Recreation Superintendent Publics Works 1225 Main Street Sebastian Flodda 32958 Dear Mr. McCarthy The Sebastian Inlet Sail & Power Squadron requests the use of Riverview Park from 10:am til 2:00 pm on Ma:y 2,9th, 2004 for an event in conjunction with National Safe Boat ng Week which is Maw 22nd to Ma-)/ 28~ The three missions of the United States Power Squadrons are Education, Boating Fellowship and Civic Service The Civic Service activities of the Sebastian Inlet Sail & Power Squadron are: 1) Safe boating through education. The Boat Smart Course is offered quarterly. Last year, our first ½ year of official charter, we taught the course to 90 some students. This year we hope to increase by 40% 2) Vessel Safety Check. Last year we had one examiner who checked 100 vessels. This year we have 6 examiners. 3) Cooperative charting. We are just getting started. We have 5 members who are taking training with the Veto Beach Power Squadron. This is an ongoing project. We propose a public event in Riverview Park on March 29th. The theme will be 'A Picnic With a Flare". There will be supervised flare gun demonstrations Sebastian Inlet Sail & Power Squadron, jointly with Vero Beach Power Squadron will have booths. Our sister squadrons from Banana River and Port St. Lucie will join us but will not have a booth. Just show their colors. The Coast Guard will have a booth and a boat in the water or on a ~ailer. They will invite visitors to come aboard their boat and will pass out safe boating information. The Indian River Fire Department will have a booth and put on fire extinguisher demonstrations. They will also have their fire boat in the water. They will give out information regarding carbon monoxide deaths and how to avoid them. The Indian River Fire Department will supervise flare demonstrations with the cooperation of the Coast Guard. We would lika a band for background, cost approximately $400 but we are in negotiations. Why are we going to such trouble for no money?. Florida leads the Nation in boating deaths, accidents and property loss. If we can save one life then our efforts are worthwhile We also need a City Proclamation for National Safe Boating Week May 22-28 Thank you for your help and input. Sincerely, Greene, Lt/Cdr Executive Officer Sebastian Inlet Sail & Power Squadron Article for the Press loumal On Tuesday the 16t of March, the Sebastian Inlet Sail & Power Squadron, which is sponsored by the City of Sebastian, kicked offit's 7t Annual Youth Poster Contest with a presentation by Koberta L. Dougherty, AP STSC, to the students of Liberty Masn~ Elementary School. The primary goal of the United States Power Squadrons is "Safe Boating Through Education" and getting the Safe Boating message to the children of our cowm~nlty is ixnponant. The presentation was given to all the students during two sessions with a focus on: 1) life jackets; 2) the importance of the '~Buddy system as it relates to water safety around pools, boats, docks, lakes and open water; 3) "Sit, Throw, Yell and Wave Program',, an interactive program that will help lead children into a behavior pattern they can use to enhance their own safety should they experience an accident. A volunteer student from each classroom modeled life jackets as part of the demonstration to show why a jacket must fit properly, not too large or too small. The students learned a song that empbs~?ed "Sit, Throw, Yell and Wave" as a life saving technique. Boating safety cannot be over emphasized in view of the latest statistics. Florida led the nation with 831 water related accidents, and total property damage of $8,295,659. Those accidents resulted in 52 deaths and 466 injuries. Nation wide there were 750 water related fatalities, 591 of these were found not to be wearing personal flotation devices. The vast majority of bo~ting accidents are caused by operator controllable factors and not by the boat, equipment or environm~tal factors. Florida ranks 3~ in the nation with 960,000 boats, behind California and Michigan. The Youth Poster Contest was sponsored by the national ort~,izition and chaired by Ms. Nadia Schulke, a school volunteer and member of the squadron and was brought about through the cooperation and encouragement of MS. Date Klans, the Principal of Liberty Magnet Elementary School. Five members from the Sebastian Inlet Power Squadron assisted with the presentation and demonstrations concemin~ water safety. City of Sebastian, Florida AGENDA TRANSMITTAL Agenda No. ~)q, i 2. 2. Subject: Park alcohol use; Ordinance No. 0-04-06 Date Submitted: 4/21/04 For Agenda of: 4/28/04 SUMMARY: City Council directed that the Code be changed to remove the requirement of City sponsorship for service of alcohol at Recreation Facilities other than the Public-Use Facilities (Yacht Club, Community Center. etc.). The proposed change puts these other facilities on equal footing in requiring a permit from City Council RECOMMENDED ACTION: At Council's discretion - Pass Ordinance O-04-06 on first reading and schedule a public hearing for May 12, 2004. AUTHORIZED PLACEMENT ON AGENDA BY CITY ORDINANCE NO. 0-04-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE SECTION 74-4: GENERAL REGULATIONS FOR RECREATIONAL FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is no longer in the public interest to require City sponsor to allow alcohol to be served at recreation facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 74-4 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 74-4. General Regulations for Recreational Facilities. (a) Prohibited conduct; unlawful acts. No person shall: (7) Possess, consume or serve any alcoholic or intoxicating beverages in any area therein unless in acscrdcx_~'c '::!th ..... * .... authorized by City Council throuqh a ~ ...... , .... = ~.., permit for a function held at a..,czulal~Pgc,,e- said Facility. (12) Post public notices cf 2 ,qc,q commcrc!2! r. ct'Jr-c except in designated areas and in accordance with time and place restrictions established by the City Manager. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Ordinance duly passed and adopted this day of May, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: Mayor Nathan B. McCollum By: Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Acknowledgement of'~d~ank you" letters ~om~/fi~ens. . Agenda No. (~q. (.~2 i Department Origin: Human Resour~ Purchasing/Contracting: / - Finance Director: City Attorney: City Clerk: Date Submitted: April 20, 2004 For Agenda of: April 28, 2004 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Receiving a '~mk you" letter from citizens who have encountered excellent customer service, extreme professionalism, and exceptional responsiveness is noteworthy information. Employees receiving such correspondence should be commended for their efforts publicly. To that end, it is our pleasure to provide copies ofthese letters so that City Council can recognize the employees that are serving the community to the best of their ability, often exceeding expectations. If you have any questions or comments, do not hesitate to call me at 388-8202. Mayor Nathe~ McCollum V/ce-Mayor Joe Berc~k City Itall 225 Mam Street Sebastian, F1.32958 "F'.: L OF C,,, v,.~,,: Deer Mayor Nathan McCollum, Vice-Mayor $o~'B~r~zyk and Council members, I wish to thaulc the City of Sebastian for allowing MTV access to shoot at the Sebastian Skate Facility. The park is a wonderful addition to the commUmty. The city should feel proud for providing such a aery/ce to several of the youth who live m the area. It's a positive place for ra~y young people to spend their free dine. I wo/'ked with several Parks Ii,vision employees over the course of a' month that helped make the show that I was workimg on a pleasant experience. I wish to fb~nk City Manager, Terrence Moore, Parks Superintendent, Chris McCarthy and H, rma'~ Resources Director,/lma Sexton for then- hospitality and cooperation m allowing MTV to use the park as a central shooting location for the show Made. The.show documem*m a local high sehooI student who is learning how to skateboard for the first time and the park was the perfect environment for her to gain these skills. From the firs~ day of shooting, I wa~ also welcomed by all of the Skate P~rk Attendants: Betsy Cormelly, fill Fisher, Casi Yeidt, Bethany Spagnunlo and Marianne. Pdtonour. They were all friendly and helpful with assisting m the shooting process. I thoroughly enjoyed my me im your beautiful and sunny city! I hope that you will enjoy the show! Respectfully, Erm Shockey Producer/Dizector~"IvLADE' 84/!2/2Bn4 0~: ~5 3212577~54 F~-~ -7?2-589-5330 Dear City of Sebastian: Thank you for a wonderful Saturds~,,~f, ternoon and the Arlo concert. ' It was a special day. its always exciting to co~e to Seb~-~i!~nu tal.k to' the iooml folks who are so upbeat '- ,~-.'-', .5 Please ke~p me inform~ about future ~nCerts ~ i' i1 continue to bring folks from Titu~ille .~o~ to enjoy ,your ' southern"hospitality. Th~ you, Socks Dear iV-Lt. Moore: ~ ~not ~¢ ff~ shoed be ~g to you or yo~ ~p~mme~at¢ boss, but ch~c¢. I ~ ~g abut ~ employee ofyo~s ~t wor~ h ~¢ H~E Rcso~ces Dep~t Her n~¢ is Va~e Davis. A few mon~ ago my f~y ~d I relocated to ~ ~c¢ to~, ~d as us~, CiW H~I was my first stop (one must always l~av¢ ~¢ home ~¢~ly wh~ wom~ ~pazk). ~ough some of yo~ ~pioy¢¢s were ~ce ~d ~¢n~y, M~. Davis took ~¢ ~¢ to ~¢¢~ me ~ ~e h~ ~d offered her ~sis~¢¢. I ~q~¢d about ~plo~t possib~i~¢s d~g ~¢ ~dsl of o~ conwr~fion, al~ou~ I ~o~d h~r ~at I was loo~g for som¢~g ~ ~¢ msdi~l riel% she felt go ~ step ~ by offem~ mlephon~ n~ers to n~rous ag~ziss ~d comp~es of ~sis~ze. ~ prompmd me to tes~ her a li~¢ ~. Ov~ ~e zo~s~ of 5 w¢~l~ I sent my son~ my mo~r, my w~¢ Ed a few nei~bors ~ to s¢~ smploym~¢. We d~eided ~at we wo~d each have something ~ssmg ~m ~ app~a~o~ some~g si~ificant enough for yo~ o~c¢ appli¢afion. ~¢h r¢~d adv~g ~at ~ rook ~¢ ~ to h~lp ~ ¢ompist¢ ~ pap~ork mclu~g ¢~g schools ~d swn g¢~g ad~¢ss etc. of past ~mployers ~d schools ~om My one neighbor ~¢d to p~ her bu~o~, but she ~t~ned h~ ~ol profcssio~ despite ~s ag~va~on. My son, ~¢ ~y, ~oci~ m~ov~, ~¢~ v~ ~g~y ofh~. ~ addition to assi~g h~m ~ ~s f~t app~cafion, ~¢ made bi~ f¢¢1 v~ co~ombl¢ wh~ h¢ c~c ~ for ~s rate.iow for a Elmt¢ Pgk A~a~.~'s posifio= Mmy o~my ~ds ~ve v~d ~ yo~ b~g on my rccom~fion ~at ~¢y get a t~c of w~t co--mom co~¢sy ~d prot~sio~ poH~css ~ ~¢. ~ ~e big Zo~ were we ge ~om, ¢v~on¢ is just a nmb~, ~d ~¢y ~¢at you by ~¢ way you look. Mot h~¢, ~. Dav~ ncv~ f~s to scat one ~ ff~W w~¢ roYal~. you w~¢ wc~g a suit ~d fie or shorts, she ~¢ats you ~ ~¢ s~¢ re.ecl, I shoed ~ow, we ~¢d it, ~d w¢ apprec~t¢ ~t ~domly. Thee was ~ ~ce wh~¢ my ~d told her ~at h¢ ~'t ~¢ ~o asso~a~g ~ colorcds, she took a f~ minutes before she re~ond¢~ ~d ~r re$ome w~, "~t's ~mate, it's ob~om you ~v¢ nevg me befox¢". ~d she w~ right. ~t o~ ~pp~ wh~ you b~ yo~ h~ad ~ ~. Moors, you ~d ~ o~ employ¢~s ~y ~ce.~s for ~rsd became you ¢~¢ct ~s other, but when you ~ on ~ outside loo~g ~, it m~¢s s world of a d~ff~¢. ~yon~ ¢~ do a job, ~¢ question is, Do you do it b¢zame you haw to or because you haw ~e love ~d p~sion of it? She ~s ~¢ p~sion, Ed ~m love. I ~v¢ had auto,om Hum~ ~¢so~¢s ~p¢fi~z¢s ~ big cifi~ ~d ~ ~ifiss as w~ll, I won't tell you w~t my profes~on h, but r~sr ~s~e, it ~¢ ~jor pm of it I ~¢ ~itsd you ~g sister mm~ip~ifie~, V~o Beach, Fo~ Pi~¢: ~e Co~ o~¢¢s, ~ Shores, Bay ~d M¢lbom¢. Non~ c~ hold a ¢m~¢ ~o ~¢ professio~l~ ~at oozes ~om yo~ I am proud to say that my family and fri~n& enjoy encouraging our vacationing guestz to m~ke City Hall their fix~t stop m town, if for no*biug else, to get a taste otwhat professional customer service should be. I remain, Jake. City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: City Council E-Mail Approv/dld for Sub, r~ttaf'J~ Agenda No. O/-~ 1 2 ~ Department Origin: City Clerk . Date Submitted: 4/19/04 For Agenda of 4/28/04 Exhibits: Draft E-Mail and Internet Use Policy, Article from 'q'he Agenda" SUMMARY STATEMENT The City of Sebastian E-Mail Policy is included in the Records Management Policies and Procedures Manual and is signed off by all City of Sebastian employees upon employment. Staff meetings have been held recently in an effort to update our e-mail policies and procedures due to increasing use of e-mail, and in light of recent statewide public records requests by members of the press. A citywide training program will be scheduled soon to provide the updated policy for signature by all employees and to provide an opportunity for disseminating further public records policy on electronic records. This is the first City Council for which we are providing e-mail addresses for a members in all of our publications. People are using e-mail more and more to correspond with yoL as evidenced by all the e-mails you received relative to current annexation and land use issues. As a part of our overall electronic records policy, we must include the disposition of e- mails, which relate to city issues, sent to City Council members at home. I would ask that you read the following definition of public record as stated in FS 119.011 and for an e-mails you receive that fit this definition, forward those e-mails to the Clerks' office for proper retention. Please note that the courts have upheld that personal e-mails are not public record. (1) "Pubtic records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. I have attached a copy of the draft e-mail and internet use policy, and an article provide( by the City Attorney from "The Agenda" a newsletter of the Florida Bar. Please take the time to read the article as it is quite informative and will answer some questions you may have about public records law. E-mails should be forwarded to the Records Management Specialist at dcyr @cityofsebastian.orq and will be downloaded to the City Clerk public folder. DRAFT HOME OF PELICAN ISLAND City of Sebastian E-Mail and Internet Use Policy Effective March 2004. This policy supercedes the E-mail Policy and the Internet Usage Policy dated July 25, 2000. Scope: This policy applies to all City of Sebastian employees and all other authorized users of the electronic ma~l infrastructure made available by the City of Sebastian, including the Interact and Intranet. This policy applies equally to all levels of management and to the personnel they supervise. Purpose: While the Internet and Electronic Mail are great resources for the City, it is the responsibility of each employee to use this resource responsibly and respectfully. Users of the City's network and computer resources have a responsibility not to abuse the network and to respect the rights of others. This ?olicy provides guidelines for the appropriate and inappropriate use of information technology. The purpose of this procedure is to delineate acceptable uses of e-mail and the Intemet/Intranet by employees and other authorized users of City of Sebastian Network Service. Procedures: A. The Internet/Intranet is to be used as a business tool for reasons that are necessary for the accomplishment of an employee's job assi~m~ments. Files downloaded from the Interact must be thoroughly scanned by anti-viral software maintained by the MIS Division. This anti-viral sofPware is not to be disabled by the In accordance with departmental policy, executable files/soi~vare can only be downloaded by individuals whose job descriptions include the testing of sofhvare. Accessing, sending, storing, or displaying sensitive materials including, but not limited to, gambling or other illegal activities, sexually explicit materials, or materials that include profane, obscene, or discriminatory content is prohibited. Data and files on the Internet must be considered copyrighted material and may not be distributed or published in any form without the written permission of the originator. In addition to work-related access, employees may briefly v/sit non-sensitive Interact sites during non-work time, such as break, lunch, or before or after work hours. Examples of acceptable sites are those dealing with health matters, weather, news, business topics, community activities, career advancement, and personal em'ich, merit. It DRAFT is imperative that common sense be used in viewing non-work related sites and they must not result in any additional cost to the Department. 6. Inappropriate use of the Interact will be reviewed on a case-by-case basis and may lead to disciplinary action up to and including dismissal. E-malI is to be used for official city business that includes communications with other state departments, governmental entities and private sector entities. Although the Department does not prohibit all personal use of e-ma/l, a common sense approach should be applied. 1. Acceptable personal use of e-mail is where the communication is brief, does not interfere with work, does not subject the Department to any additional cost, and is consistent with the requirements contained in this policy. 2. Proltibited uses of e-mall include: a. Non-city sponsored solicitations, including, but not limited to such things as advertising the sale of property or other commercial activities; b. Sending copies of documents in violation of copyright laws or licensing agreements; c. Sending messages prohibited or restricted by government security laws or regulations or any other communication that may adversely affect the City's ability to can'y out its mission. Messages Which may reflect unfavorably on the City, or which may be perceived as representing the City's official position on any matter when authority to disseminate such information has not been expressly granted are also prohibited; d. Sending confidential or proprietary information or data to persons not authorized to receive it, either within or outside the City; e. Sending content that may constitute sexual harassment or be considered discriminatory, obscene, derogatory or excessively personal, whether intended to be serious or humorous; f. Sending communications reflecting or containing chain letters; illegal activity; harassment; sensitive information including but not limited to gambling, or materials that include profane, obscene, or inappropriate language, or racial, ethnic or other discriminatory content; g. Sending material promoting political positions or actions. h. Inappropriate use of E-mail will be reviewed on a case-by-case basis and may lead to disciplinary action up to and including di.~missal. 3. The City of Sebastian does not intend to routinely monitor the contents of e-mall messages. However, users should expect that electronic mail messages might be accessed by authorized supervisors or System Adminisll'ators with or without the permission of the employee. No employee should have any expectation of privacy as to his or her Interact or E-mail usage. DRAFT All e-mail aceouuts must be established, terminated or transferred with a Computer Access Change for promulgated by, and must be submitted to the MIS Division. Retention and Access -- Electronic Mail: Users should take note that the information generated on e-mail may be a public record subject to public inspection and may not be confidential, unless specifically cited by Florida Statute. Section 119.011 (1), F.S., defines public records as: All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing soRware, or other material, regardless of the physical form, characteristics, or means of transmission, made or received, pursuant to law or ordinance or in connection with the transaction of official business by any agency. Individual truers are responsible for keeping and arckiving their own business-related e-mail in public folders set up by MIS for each department. Retention of these files is subject to Florida State laws. For more detailed information regarding the definition and retention schedule of public record.% refer to Florida Statutes Chapter 119 and the City of Sebastian records Management Pohcies and Procedures Manual. guy requests for access to the contents of e-mail in order to respond to legal process, such as subpoenas and public records law requests, or for purposes involving litigation, investigation or claim must be immediately brought to the attention of the City Clerk's office. Enforcement: City Depmhaent Heads, or their designee, are responsible for compliance with provisions of this policy and reporting any suspected non-compliance to the Human Resources Department. Absent direction from the City Council, the System Administrators mtmt obtain consent of the City Clerk or City Attorney prior to monitoring e-mail or interact activity originating i~om those charter offices. I, have read this policy and agree to comply with all its terms and conditions. I agree that all network activity conducted while doing City business and being conducted with City resources is the property of the City of Sebastian. The City reserves the right to monitor and log all network activity including E-mail, with or without notice and therefore users should have not expectation of privacy in the use of these resources. I have received a written copy of the City of Sebastian's E-mail/Internet Use Policy. I fully understand the terms of this policy and agree to abide by them. Accepted and Executed this .day of ,2004. oyee Signature Vol. XXVII, No, 2 THE FLORIDA BAR March 2004 Responding to a Cable Operator's Petition for Effective Competition F~ow One Community Succeeded In. Fighting A Petition by Gary I. Resnick and Scott A, Robin Cable companies throughout the na- tion axe'Fillng an incre-~g number of petitions for effective competition the Federal Co---r-,n~ications sion ('FCC~) which,/fgranted, revoke basic cable rate regulation and could lead to varying and increased cable rates and have other negative effects on consumers. The cable compames '~pi- cally argue that they are subject :o effec~ ~ive competition because of the n~,mher o£consumers receiving service from di- rect broadcast satbl~te CDBS~) compa- nies, su~ as D/recrfV ~ ~N~ a spec~ic showing based on the facts in. reties may not know how tO respond or to resis~ such a ~111~g by ~heir cable op- erator, it is possible to oppose a petition on several grm~ncl~. ~ article not only competition and the effect of an FCC r~,Hn~in the cable operator's favor, but ex'pluin= how one co-n~unity success- ~y resisted a peri, on for effective com- Effect ofl~CC Declaring ~.~ective Competition Most communities do not oppose these petitions or know there are such short time frames for a re- See '~ffective Competition'page 3 Extreme Public Records Requests - Dealing with Overbroad Requests and Abusive Requestors by Glunn Thomas There is little argument that Flo- ridians are better served by govern- ment agencies when those agencies conduc~ their business in the shine. ?ne Florida Legislature has declared that it is the policy of the State of Florida that all state, county, and municipal records will be open for personal Luspectton by any per- son.~ The terms of the Public Records Act are construed broadly in favor of disclosure, and exemptions from the Act are construed narrowly in favor of disclosure. Several instructive commentaries have been written about Florida's Public Records Act, but the focus is often solely on agency compliance with the Act. The typical illustration of records act abuse is one o£ a public official or agency vio- lating the Act in an effort to conceal some transgression. Scant attention has been paid to citizens and orguni- zatious that use and abuse the Pubhc Records Act to further their own ob- jectives. See ~Extrerne Public Records" page 16 INSIDE: · Chair's Re0ort ..................................... 2 Calendar of Events .............................. 4 Hold the Dante ................................... 5 Florida Case Summaries .......; ......... 7 27th Annual Seminar ..................... 13 CertfflcatJo~ Review Course .......... 22 ~'A'~EME PUBLIC from page 1 The Act sets forth an agency's ob- ligations for disclosure of pubhc records. While Florida's public records laws and the accompanying case law are extensive, the basic re- quirements for compli~uce are actu- ally fairly str ~.ight~orward when there is no issue of exemption presented. In other words, so long as the agency is not denying access to public records, the governing law is rela- tively fundamental The agency is reqmred to do no more and can do no less than that which is described in the statute. The agency mus~ permit all non-exempt records to be in- spected and exn~ned by any person desiring to do so, at any reasonable time, under reasonable conditioue, and may do so under supervision by the custodian of the public record or the custodian's designee. It must also furmsh a copy or a certified copy of the record upon payment of the ap- plicable fee.~ Armed with a rudimentary ac- quaintance with the terms of the Ac~, citizens reg~l~rly approach the ecqui- sitien of public records with a ~David versus Goliath~ mentality. The Act empowers people, amd some people just don't handle that power well. Records custodians are subjected to demanding citizens who storm into their offices requesting stacks of records, only to threaten ]itigntion when the records are not available and organized in alphabetical order within a few hours. The press in Florida, notwith- standingits ~heoretical knowledge of FirstAmendment issues, is second te non~ in its capacity to make unreal- istic public records demands. The Public Records Act is also frequently used as an instrument of harassment and inthnidation by disgruntled former (and often current) employees who ~hi~r themselves ill-used bythe targeted re~rn e. Often, however, out- laadish records requests are submit- ted out of pure, boundless ignorance. The purpose of this article is to pro- v~de enswers to the question of how to deal with abns~ve and unreason- able (extreme) public records re- quests. While the great majority of rds rs quests am legi~nat~ and z. re deserving of a response as soon as practicable, there are effec- tive tactics that can be employed on the rare occasion when ~he Act is abused. The Offensive Request ' There is little a records custodian. can do' when .faced with'a.bitter, ag~ gressive and over-demanding records- seeker who wants it all and wants it all now. What a records custodian may not do is decline o? ignore the request. Neither can h~ insist the request be submitted in writing, de- mend to know the reason for the re- quest, or send the ~equestor to Post. The Act contemplates such ac- tions by including pro~isions effec- tively aimed at compalling compli- ance. For instance, section 119.12(a), Florida Statu~es, provides that if a court determines an agency has un- lawT-uliy refused to permit a public. record to be inspected, ex~-li~ed or copied, the court will asses the fees and costs associated with the enforce~ ment action, ag~i-.~t the agency. And if the records custodian is generally un-swayed by the threat of an asses s- ment of legal fees ag~-,t the agency, Florida law also provides that a pub- lic officer who knowingly violates the provisions of section 119.07(1) may be suspended, removed: impeached or convicted of a ~irst degree miede- me~Lnor? Agencies should be cognizant of a handful of individunls-who tour the state deman~-g documents in a re- pugnant m~nner, in apparent hopes that the custodian declines their fensive request. The reaction of a few records custodians has been to take their ~ime or i~nure the request alto- gether. Regardless of the loathsome conduct of the requester, if a valid request is made and the agency is unreasonable in its response, the cus- to~- and the agency will likely lose in an¥1egal action brought to enforce compliance with the Act. The citizen ~ go forward with his inspection of the agency's records and it is quite likely that the agency will pay his lo- gal fees. The above scenario is re- peered often in public records case law, and this humbling experience is just one of~-y creative ways a few bad-intentioned citizens have found to m~ioulate the Act. A common thread in many public records abuses is the poor attitude of thedemandingparty. Thereis some- thi~ g inherently insidious about rnanding any~hi~ g and public employ-~ ess, like the rest of us, respond~ ne~a~dvely to such demands par~cu- laXly those eccompanled by threats. In the private sector, the customer may al~vays be right, but ~ the renlm of public records the customer also has a cause of action. Urifortunately, public sector employees recognize that citizens will not be t~ng their business else~vhere and as a result, may be less prone to accept verbal abuse. Ironically, the re6ords custo- dian is in a more tenuous position than is the clerk at the grocery store because chances are, the grocery store will not get sued and have to pay legnl fees for tendering poor ser- vice. Public officials should be aware of the criminal penalties for failing to comply with the Act and convictions are not uncommon. In State v. Webb,~ school board member Vanetter Webb was convicted of f~illng to prodnce requested public records. She delayed an inspection four months and when she finally allowed the re- questor an .hour to rewew a stack of documents ten inches high, she failed to include all of the requested records. Months later she allowed two more hour-long sessions, finally terminating the inspections before the requester was through. Seven months after the first request, Webb finally provided all the requested records. However, it was too late and she was convicted by a jury and sen- fenced under the Act for her delay- lng tactics. Ultimately, the conviction and sentence were upheld. It is without a doubt challenging for records custodians to remain civil in the face of abusive or demanding records requesters. However, people who are m~g public records re- quests often possess in one form or another, an adversarial relationship with the agency from whom they are requesting records. And, even though a public official believes that a per- son or group are fanatics, harassers or are simply ~-~oying, the cour~ have consistently held that the pub- lic records are available to aH citi- zens, regardles, s of their intentions ? To avoid any confusion over the agency's intent to comply, the records custodian should immediately ex- press in an&mbig~ous terms that the agency will comply with the request for public records (to the extent such records are not exempt) within a rea- sortable period of time. In teigle v. Barry,~ the Court sa/d, The adversaries are not always David aud Goliath or the embattled taxpayer against the oran/potent bureaucracy. There will be those with an ax to grind, a personal grudge or some other single inter- est to advance, making their de- mands for access to public records. dated by law as well as by sound public pohc~.7 it may be heipthl for the agency to name a practice of confirm/ng public 'ecords request~ in writing, uidicat- ng that the agency will contact the ,arty when the records are available or inspection. This will remove such of the doubt over whether the .gency intends ~o comply with a re- ~he Impossible Request Many, of the issues raised in this rticte are attributable to a request ~centiy submitted by a newspaper ~porter to 'inspect/renew all emzils · om {the agency's] computers from anuary 1997 through April 2003" ,~mphaa/s added). Consider the readth o£this request. Ass,,rn~,gthe ,~ency has 100 employees, each re- .~iving and sending on average 25 naris per day; the request encom- ~ssed approx~r,~t, ely greater than illion sma/is. Incredibly, the re- )rter included the following admo- .fish, ~he Public .Records Act re- fires vi~m]~yirnr~ediate responses. o waiting or holding period/s proper ~der the .Act. ~ The reporter cited to · ~5~ne Co. v. Ca~eHa,s for her ediate response" theory. Obviously, the request would/nccr- ,rate an enormous amount of data ~d much of it will be exempt from sclosure. So, not onlymust the cus- ~an harvest the data; he or she sst also review the content to ise- :e exempt matarial. Also, personal lalls, or emails ora private nature ~ not considered public recsrds smd ~y be withheld from inspection. ]ly, the ~r~mediate response" de- reded by the reporter was unrea- so-~hle. Private E-marls and State v. City of Clearwater In .September 2003, the Florida Supreme Court held that smalls transmitted or received by public employees, are not public records un- der section 119.0'11(1), Flor~di~ Stat- u~es, merely by v/roue of their place- merit on a government-owned computer system? Tho ruling ap- proved the Second District Court of Appeal's dec~sion in Time~ ~blishing Co. v. City of Clear~vaterm. In October 2000, the Times requested copies o£ ail emafls sent ~rom or received by two city employees via the City's com- purer. The employees reviewed their ematls and separated personal ema/ls, prompting the lawsuit by the Times. The Times cl~*~edit was entitled to the private emalIs since they were generated and stored on the City's computers. The trial cour~ denied the Times' request for injunction and mandamus; a dec/sion which the Sec- ond District of Appeal upheld. The Second District concluded that pr/vats or personal emafls are not public records under Florida Law. They are not ~mads or received pur- sus~lt to law or ordinanee~ nor "cTe- ated or received ~n connection with official business' of the City or ~n con- nection with the transaction cial business' by the City~. u Beca~se the decision would affect the way er- ery state agency and municipality mamt~-~ electroinc records, the Sec- pud District certified the following question to the Florida Supreme Court: Whether ali e-marls transmitted er received by public employees of a governmental agency are public records pursuant to section 119.01(I), Florida Statutes (20004 and -&rticle I. Section 24(A) of the Florida Const/tution by v/true of the/r placement on a goveroment~ owned computer system if the agency had a wr/~ten policy that informs the employees that the agency maintains a right to cus- tody, control and inspection of e- mafia? The Supreme Cour~ a~swered the certified question in the negative, which was rephrased as follows: '~Whether all e-m~i~ transmitted or received by Public Employees of a government agency are public records pursuant to section 119.011(1), Florida Statutes (2000), and Article I, Section 24(A) of the Flor/daConstitution by virtue ofthe/r p]aceme~!t on a government-owned computer system.'~ The Supreme Court agreed with the trial court's ~con~mon sense" ap- proach to the issue, quoting the judge's perspective of the Times~ po- sition: This court noted several times dur- ~ng hearings on this case t~he ab- surd consequences of such an appli- cation of the law. If the ~.ttorney General brings h/s household bills te ~he c~lice to work sn during do they become public records ~ifhe temporar/ly puts them in his desk drawer? Ifa.Senator writes a note to herself wh/le speaking with her hus/m~d on the phone does it be- come public record because she ased a state pad and pen? The Sheriff's secretary, proud of her children, brings her Mother's Day cards to the office to show her friends. Do they become public records if she keeps them/n the file cebinet?'S In shor~, those emafls that are per- sonal in nature can be withheld by agency employees notw/thstanding that :hey were sent from or received by an agency computer. The mo~t prudent aonreach wou]r] he~.n delete such messages, as suggested -by the Division of L/brarv Serv/ces.z~ How long do sma/Is have to be Another issue raised by the request is whether the agency was required to keep records ofa~ it~ em~i]~ for slx years. Public records need not be re- rained in perpetuity unless they have archival value. Section 2~7.36(6), Florida Stat~ztes, sta~es that a public record may be destroyed or otherwise disposed of only in accordance with retention schedules establ/shed by the Division of Library and Infarma~ion Services. The period of time for which records have been requested in this instance brings up the issue of / .~, appropriate retsntion schedule/ for emall generated on the d~strict'~ computers. Few ems/ts require reten-~ tion much h~yond ~heir creation or con,hued, nex~ pags ~:xT_~ME PUBLIC RECORDS from page 17 r. ecelpt and even £ewe? would requir.e retention beyond five ve~.s.~ ?_hg Bureau of Archives and R__ecards Management retentio~ become a receipt. The flfformal tone of transitory messages might be compared to the communications f~u~t might take place dar/rig a phone converser/on or a conversa- tion in au office hallway. Transitory messages would include, but are not limited tO: E-mail messages scheduI~or pu~nc records are based with short-lived or no ~dmmistra.. 9Kt~e category o~ purpose and the . rive value, voice mail, self-sticking content ofthedscument rstherthan ' notes, and telephone messages ' .the £orm o e ocument, n o ~r ~ ' ~document is in' In other words, emalls consisting electronic form is not relevant to a tirely of transitory messages need dete..~niuafion o£that docum~ut's re- only be retained until obsolete, su- tention period. To illus~;rat~ this ,perceded, or the sar"~-i~trativevalue point~ while there is no specific re- is lost, wh/ch in m~ny cases could be tontion schedule for an interoffice ~lmost immediately. This me,un that ema/]~" there is a retention schedule ~here is no mandated per/od of time ....... or which these records must be rot ~rmnmg recoras, or vemc~e in-~ gp~ec~oas, whether me aocumen~s are kept, and it is within the agency's dis' m ~mmi Or paper ~orm. It is there- crstion to dsterm~ue when the ~bre not possible to determine the istrative value of an email is lost. rp~0per retention per/od without re-- Only emall messages that perpetuate knowledge (set policy, establish guide- viewi.ng individual emat~s to deter-' lines or procedures, certify a"trans- m~e content.. Very few documents need to be action, or become a receipt) nee~i be retained more than five years, and records that should be retained for more than five years are rarely m the form of an email. The Department of State, Division of Library and Lafor- .marion S .erv~.ces concedes that reqmr- mg pernnsmon to dispose of transi- tory emsil messages would impose au unreasonable economic and trative hardship on gever-~ental entities, therefore such messages, which are considered 'obsolete, su- perceded or administrative value is lost~ (asA) may be disposed of with- out further approval from the Depart- ment. The Division also recognizes that storage of such messages erodes the effioienc~y o£ the email system. iVl~ny emsils are "trm~sitory mes- sages~. Tronm~ory and personal email messages that do not support busi- ness purposes should be deleted in a timely manner. In /ts General Records Schedule GS1-L for Local Government Agencies, the Depart- ment defines ~Pransitory Messages~ those records created primarily for the COmr~tmiCat~on Of information., as opposed to comr~umcations de- signed to perpetuate knowledge. Transitory messages do not set policy, establish guidelines or pro- certify a transaction, or ret~i~ed according to au applicable retention schedule. According to the Bureau of Archives and Records Man. agement, most or all OSA em~i]~ can be destroyed as soon as they are ere- ated. It is very likely in our example above that most, if not all, of the district's emsil messages are either transitory or personal. By routinely elir~inating such messages and seg- regating personal emalls, the'request for inspect/on of emsils.would encom- pass far fewer recoi'ds and would be more manageable. No Automatic Delay What of the reporter's citation to Cannella? The request from the re- porter in our example stressed that 'q~he Public Records Act requires vir- tusily immediate responses. No wait- ing or holding per/od is proper under the Act." That is just silly. In C~ne~ the Florida Supreme Court held that an agency may not ~,,~o- rn~c~Hy delayinspection of person- nel records so that the employee may be present dur/ng the inspec~ion.~s Although the Court held that any automatic delay interfered with the rights of the public to ex~r,l.e the records at/ssue, they said that such rights are ~rastrsined only by the physical problems involved m retriev- ing the records and protecting them"? So, how much time can a city tzka to reply to a pubhc records request? Well, it depends. Agencies__. are permitted a 'reasonable" time tq~i comply with public records requests~ What is reasonable will necessarily be"determined by the scope of the request and any physical problems involved/n retrieving the records and protecting them. The appropriate period of time to respond to a pubhc records reques~ will nscessarilyfluctuate based on the cixcumstauces of that request. The request at issue hare is obviously ex- tensive. For example, if each em- ployee received only 10 emaiis per day for six years, that would equal more than 3 million emails. In Herskovitz v. Leon County,~ a Flor/da 2d Circuit Court judge held that a per/od of sevaral weeks was a reason- able amount o£ time to produce records in v/ew of the nature and vol- ume of the materials requested, which in that case was over 9,000 pages. The law provides that au agency may not refuse an inspection because the request is overbroad, but the agency may take such ~ime as is necessary to locate, rev/ew and re- the, doe. .en.. A related issue is whether there is a right under the Act to obtain infer- mation in a particular format. The Fourth District Court of Appeal held that access to computer/zed records need only be provided through the use of programs currently in use by the public official responsible for msintaln~ng the public records?~ In Seigle v. Barry several economists work~.g for the teachers' unions re- quested data from school board com- puters, but demanded it in a format different from the one employed by the board. The school board declined the request, even though the union economists indicated that they would pay for any redesign by the school board. The econcm~nts sued for and were granted a maudateryinjunction ordering the Director o£ Employee Relations of the Broward County School Board to run a new computer program which would access com- purer data ba~ k~ resulfingin a print- out in a format desired by the econo- mists. The program was also to be designed at the expense o£the econo- miste. The District Court reversed the lower court ~,l~ng fmdlng that a rule permitting access to computerized _~ records by a specially designed pro- ~geam could result in a ~rremendous expenditure of time e.ud effort for the mere sake of translating information" available in one format to another that may be more sintable to the re- questor, as It was ~rnraaterial whether the requesting partywas required to pay for the redesign of a computer program since this would do nothing to recoup the wasted time by the. school board? The Court asserted that the intent of the Act was not to "put public officials in the business of compiling charts and preparing docu- mentary evidence.'~4 Therefore, an agency is required only to provide its records in the format in which they are kept. F,a'ing Public Records Agencies are also not required to fax public records. Issues regarding the obligation to fax public records arose recently after an agency fa.xed a couple pages of public records as a favor to a citizen. It was done out of convenience to both parties on one or mo occasions. However, a subse- 0quent public records request by this individual was extensive and the agency informed the citizen that it would n~t be fasing any more docu- ments. When told that she would have to pick up the documents, the citizen responded with out-rage, de- manding the records custodian fax the doc,,~ents and insisting that there be no charge because the documents were not being "copisdL She also as- serted that the agency must fax the documents because she was disabled. There is no 'requiremen~ that an agency fax documents in response to a public records request. In this in- stance the agency agreed to mail her the documents upon remittance of the required copying charge. The law requires that aside from permitting inspection, agencies must finmish a copy upon payment ef the applicable fee. Duplication with re- gards to public records, is defined as ~the process of repreducing an image or images from an original to a final substrate through the elactrophoro- ~graphic, xerographic, laser, or offset ~l~precess or any combination of these ~precesses, by which an operator can make more tha~ one copy without rehandHngthe otiginal.~ This defi- nition does not include facsimile transmission. It is a general principal of statu- tory construction that the mention of one thing implies the. exclusion of another. In other words, when ¢ Stat- u:e describes a particular situation in which something should ~pply, an in-. £erence must be drawn that what is not included was intended to'be omit- ted or excluded? Chapter 119 re- qu/res that au agency permit inspec- tion of its non-exempt r~cords and that the agency provide duplicates (for a charge) when requested. Since transmitting public records by fac- s*,~e is not mentioned in the stat- ute, it can be presumed that ¢~-gis not required. What is a Reasonable Charge? While an agency may nov Hra~t the breadth of a request, there are cer- rain things an agency can do withi~ the behinds of the Act that may con- vince a person to narrow their re- quest to a more reasonable scope. First, if the nature or vo)~ ~t, e of pub- lic records requested to be inspected requires extensive use ofim/ormation technology resources or ex~ensive clerical or superVmory assistance, the. agency may charge, in addition to the actual cost of dut~lication, a reason- able special service charge, based on the cost incurred for the use oiqnfor- marion technology resources or the labor cost of the personnel providing the service? Providing an estimate of the potential costs associated with extensive IT, supervisory or clerical assistance may serve the prastlcai function of encouraging a request that is more limited in scope. The term "extensive", [s slightly more capable of quauti~catlon that the term "reasonable~. InFlorida ~n- stitutional Legal Services, !nc. Florida Departrnent of Corrections,~s the Court co~-,~dered the validity of a Department of Corrections (DOC) rule which permitted the assessment of a special service charge applicable to records requsst~, the nature and volume of which required extensive clerical supervisory assistanse.~ The rule provided that "%xtensive' means that it will take more than 15 m~- utes to locate, review for confidential information, copy and refile the quested material.~° Florida Institute for Legal Services (FTLS) filed a rule challenge clalmi~g that the DOC was improperly charging for the agency's review and excision of information from its files in violation of estab- llahedlaw prohibiting custodians i~om charging for mere inspection of pub- ' 'lic records.s~ The aara~u~trative law judge concluded that the rule was not an invalid exercise of legislative au- thority and FILS appesied.~ Iuits ~ra~cus brief, The Times Pub- iish~-g Company argued that the DOC's de~u~tibn of"extensive" frus- trated the public's efforts to exercise its rights under the Public Records Act.as The First District declined to £md that the DOC definition was "clearly erroneous'~ holding that the FlT~,q failed to demonstrate that the term "extensive~, as used in the rule, do~s not comport with the intent and purpose of. section 119.077 There- fore, arule requiringpayment for any tilne ill excess 0£ 15 minUteS for view and excmx~n of information from an agency's ~es is not clearly erro- There is also nothing preventing an agency from requesting payment in advance for copying, extensive use of information technology resources or labor costs. This policy has the added effect of preventing nuisance requests. As a means of reprisal or harassment er~eusive duplication re- quests are sometimes made with no intention ef ever picking up the cop- ied records. The requesting party may also experience "sticker shock" from the price of the copied records and refuse to pay. This can be a source of financial stress for mailer agen- cies, and the requirement of prepay- merit eliminates the problem. Normally, an agency cannot charge for its costs incurred in review- Jug dec~tnents for exempt material. However, it would be reasonable to charge if the nature of the request is such that the potential for exemp- tions would make review and redac- lien a time-cens~raiug tusk? An agency policy charging a reasonable fee for extensive personnel time in- valved in safe-guarding original/-~--- records during their inspection/is Personnel Ffle~ ~, Personnel files can provide a ~ of embarraasing infor~ ~fion, and are continued, ne.~ page .;x' t'~,E1VIE PUBLIC RECORDS from page 19 for that reason such files are a fre- quent target of the press and dis- gruntied employees. There is no question in Flor/da as to whether per- sonnel files of agencies are public records--they are.S? However, there are actions an agency can take to pro- tect the pr/racy of its employees. In Douglas v. Michel a hospital denie~[ a request from a citizen to inspect per- sonnel files. The lower court denied a petition for writ of mandamus to force the hospital to perm/t the in- spect/on. It was established in the lower cou~ proceedings that the files contained embarrasaing personal in- formation, such as pr/or fdon¥ con- v/ctisns, drug and alcohol problems, ,nt~sted phone numbers, mental and phys/cal e~minnfions and cor, muni- cations from third parties who be- lieved the information would be con- The Fifth District Court of Appeal reversed and remanded, ho~[d~no~ tha~ the hospital personnel files are pub- lic records and not exempt from dis- closure. The court pointed out that although the people of Florida adopted a consfiturionsJ right to pr/- yack? that right was specifically sub- serv/ent to the Public Records Act? The Flor/da Supreme Ccu_~c ~Firmed the District Ceurc derision.4~ How- ever, in its decision, the Flor/da Su- preme Court rendered an insrrudcive admonishment ~med at protecting the privacy interests of public em- ployees. They held that the Fii~h Distt/ct Court of Appeal's rationale regarding the ~onstitutional r/ght to privacy was sOUnd, but added. ~[w]e find...thstthe right of access to personnel records as public records is not the right to r~-~,age frealy throngh public em- ployees' personal hoes.'~ The Florida Supreme Court concluded its opinion by suggesting that agencies monitor their personnel records and exclude information that is not related to their employees' qualifications for their jobs or performance of their what a public em- ployer chooses to keep in its person- uel files is up to the employer, but what is in the files is a public record. The suggestion by the Court is well- taken and public employers should take steps to exclude from employ- ees' personnel//les information un- related to qualification or per~o~ Conclusion Government agencies in Florida are required to provide the public with access to and copies of public records. They must respond to those , requests within a reasonable time. Florida's citizens have the right to make unreasonable demands for public records, but when such re- quests are overly burdensome to the agencies, the citizen should incur the costs of such demands, rather than the taxpayers. For smaller mu- n/cipalities and special distr/cts, ex- treme public records requests can be a real problem, not only because of the financial burden, but in terms of the workload of their few employ- ees. Th/s problem is only magnified by the attitude of the %x'treme re- questor", who takes out his frustra- tion on the records custodian. How- ever, by following the law in Florida, agencies can effectively handle ex- treme requests in a m~er that di- minishes the cdst to*the agency and discourages future abusive and over- broad public records requests. Footnotes: ~ Fla. Stat. § 119.01 (2002). ~ Fla. Stat. § 119.02 (2002). ~ 796 So.2d 902 (Fla. 1st DCA 2001). ~ Salavader v. City of Stuart, Case No. 91- 812 CA (19th C/r. iViartin Co., December 17, 1991). ~ 422 So.2d 63 (FI~ 4th DCA ~982). ? Id. at $6. s 458 So.2d 1075 (Fla. 1984). ~ State v. City of Clearwater, 2003 WI, 22097478, 28 Fla. L. Weekly S682 (FI~, top. 11, 2003). ~o 830 So2d 844 (Fla. 2d DCA 2002). u Tim2s Publishlng Ca, 830 So.2d at 847. ~ City of Clserwater, 2003 WL 22097478 at 2. ~ I~. at 10~11. Quot/ng ~/mes Publi~½1,~ Co. v. City of Clearwatsr, No. 00-8232-CI-i2 at 10 (0th Cir. C~. order filed May 21, 2001). "Elec~ran/c Records and Records Manage. ment Practices, Department cf State, Div/- sion cf Library and Information Services, pegs 13. ~ General Records Sthedule CS-1L for Lo- cal Governmen~ Agencies, Department State, Div/zion cf IAbrary and Informa~/o~[~ Services. z~ Electronic Records and Records men~ Practices, supra note i5 at page 13. Z~Genera/Records Schedule, supra note 16 a~ page 33. ~ Tr/bune Company v. Cannella, 458 So. 2d 1075, 1078-79 (Fla. i984). z~ Id. a~ 1079. ~o No. 98-22 (Fla. 2d Cir. Ct. June 9, 1998), rev. dan/ed =z Se/gle ~ Barry, 422 $o.2d 63, 66 (Fla. 4th DCA 1982). ~: Id. at 66. ~ Id. = Fla Stat. § 283.30 (2002). ~ Gay v. Singletary, 700 So.2d 1220 (Fla. 1997). 2~ Fla. Stat. § 119,07(1)(b)(2002). ~ 579 So.2d 267 (Fla. let DCA), rev. denied 592 So.2d 690 (Fla. ~? Id. a~ 268. ~ Id. ~ Florkla InsC/t~tional Lagni Service~, inc., 579 So. 2d at 269. ~ Florida AGO 200~-11. z~ See, e.g., Douglas ,E Michel, 410 So.2d 936 (Fla. 5th DCA 1982). ss I~.. at;939. ~" Fla. Co~t., ar~. L § 23. ~ ~Every nat-0xal person has the right ~o b~ let alone and h-se fr~m government in~ru. ·ion h~te h/s pr/vats i/re except as otherw/se provided herein. This section ~katl not be cons~r~ed ~o lim/t the public's right of acces~ ta pul~l/c records and meetings as provided by lawf Axt I§ 23, Fla. Const. a Michel v. Douglas, 464.So. 2d 545 ('Fla. 1985). ~ Id. a~ 546. Glenn Thomas is an Associate with Lewis, Longman & Walker, P.A., Tallahassee, Florida. B.S. Florida State University, ~990; J..D., cum lauds, Nova Southeast- ern University, 2000 (Nova Law ~evie~v Senior Staff Member). Mr. ~homas is a former Broward County Sheriff's Deputy and con- centrates his practioe in the area of local government law, par~ioularly police and firsfi~hter pension issues. He is a recipient of the City, County and Local Government Section of the Florida Bar Award for Out- standing Local Government Law School Student (2000). City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: New Minutes Format Agenda No. (:~)~. I Z~f Department Origin: City Clerk Date Submitted: 4/19/04 For Agenda of 4/28/04 SUMMARY STATEMENT In an effort to update our minutes, and after having a discussion with the City Attorney, you will notice a slight change in our minutes format. For many years, staff has provided a recommended action in the form of a verbatim motion, so that if City Council was inclined to concur with staff recommendation, the approval would contain the appropriate language. Council members have for several years routinely read the recommendation if so inclined. This practice goes back many years to a conference attended by the former City Clerk and me at which we were advised by a well-known attorney at the time that motions should never be assumed by the Clerk but should be verbatim. Recently Council members have been making motions such as "so moved" or "move staff recommendation". Old habits die hard and I have had a probtem with this type of motion. The City Attorney now advises me that as long as City Council concurs with the staff recommendation which is stated in the agenda packet, that for a motion of "so moved", may include the staff recommendation in the minutes even though the member does not state it verbatim for the record. If a motion of Council is different than that recommended by staff, the motion will be verbatim.